/ 

COMPILATIOlSr 



OF THK 



LAWS OF LOUISIAJSTA 



RELATING TO THE 



Public Sohools/-^^ 

EMBRACING ALL LAW5 NOW IN FORCE 



FOR THE 



Proper Management and Government 
of the Public Schools, 



ALSO 



RULES AND REGULATIONS ADOPTED BY THE 
STATE BOARD OF EDUCATION, 



SIXTH COMPILATION. 
T. H. Harris, State Superintendent of Public Education. 



Baton Rouge, La: 

Daily State-Times Print. 

1908. 



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OCT 31 ^910 



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BOARD OF EDUCATION OF THE STATE 
OF LOUISIANA. 



Gov. J. Y. Sanders, President, Baton Rouge 

State Superintendent T. H. Harris, Secretary, Baton Rouge 
Attorney General "Walter Guion, . . . New Orleans 

Hon. a. Brittin, New Orleans 

Hon. Emile Godchaux, New Orleans 

Hon. Walter J. Burke, New Iberia 

Hon. D. C. Scarborough, . . . . . . Natchitoches 

Capt. E. L. Kidd, Ruston 

Hon. S. McC. Lawrason, St. Francisville 

Hon. p. 0. Moss, Lake Charles 

Mr. L. Baker, Assistant Secretary, .... Baton Rouge 



THE FREE SCHOOL SYSTEM OF THE STATE 
OF LOUISIANA. 





A Bird's-Eye View, 


Governor 


State Superintendent of Public Educ 


Attorney Gezsteral 


Geistebal Assembly 


State Board op Education 


Auditor op Public Accounts 


State Treasurer 


Register op the Land Oppice 


State Board. op Health 


State Institutes 


State Revenues 


State Certipicates 


he Schools^ 


I. Common Schools 


1. 


Parish School Board 


2. 


Parish Superintendent 


3. 


Police Jury 


4. 


Assessor 


5. 


Tax Collector 


6. 


Examining' Committee 


7. 


The Teacher 


8. 


Parish Certificates 


9. 


The Pupil 


10. 


The Parent 


11. 


The School 




(a) Branches Taught 




(b) Grades of Schools 


12. 


Courts and Attorneys 


13. 


School Property 


14. 


School Districts 


15. 


School Lands 


16. 


School Funds 


17. 


General Items 



II. State Schools — 

1. The Louisiana State University, Baton Rouge, La. 

2. The Louisiana State Normal School, Natchitoches, La. 

3. The Louisiana Industrial Institute, Ruston, La. 

• 4. The Southwestern Louisiana Industrial Institute, La- 
fayette, La. 

5. Louisiana State School for the Deaf, Baton Rouge, La. 

6. Louisiana State School for the Blind, Baton Rouge, La. 

7. Southern University, New Orleans, La. 
III. General Items on the System. 



THE FREE SCHOOL SYSTEM OF THE STATE OF 

LOUISIANA WITH REFERENCES TO 

THE LAW CREATING IT. 



The Governor 

Appoints the State Board of Education, 23, 

Eligibility to office, 20. 

Exempt from jury duty, 216. 

Ex-officio a member of — the State Board of Education, 24, 

— boards of supervisors of state schools. 
Fills vacancies, 55, 56. 
Lands, duty in regard to, 201. 
Oath of office required, 54, 55, 56. 
Removes from office for neglect, 32, 36, 53, 304, 305. 
Trial for failure to perform duty, 61. 
The State Superintendent of Public Education. 

1. The Position. 

Elected for four years, 6. 
Eligibility, 20. 

Exemption from jury duty, 216. 

Ex-officio — a member of the State Board of Education, 24. 
— a member of the boards of supervisors of state 

schools, 63, 64. 
— a member of the Board of Institute Managers, 

96. 
— secretary of the State Board of Education, 24. 
— a member of the state board of examiners, 123, 
Oath required, 54, 55, 56. 
Salary— at present, $2000, 6, 62, 

— proposed, 216-a, 
Trial for neglect of duty, 61. 

Vacancy during term filled by appointment by Gover- 
nor, 62. 



2. Office Rooms, Fixtures, and Work. 

Assistant secretary, selected by the State Superintend- 
ent, 24. 

Assistant secretary's salary, 24. 

Certified copies of records charged for at 25c per 100. 
words, 68. 

Certified copies of records admissible as evidence, 68. 

Clerical force, 62. 

Expenses limited to $4000 a year, 6. 

Suitable rooms and office fixtures shall be provided, 62. 

3. Relation to the State Board of Education. 

Calls meeting of the board, 24. 

Decides disputes subject to the judgment of the board, 70. 

Executive officer of the board, 63. 

Improper use of school funds to be reported to the board, 

69. 
Publishes proceedings of the board 24. 

4. Relation to State Officers. 

Account of funds drawn from the Treasurer. 65. 
Attorney General — shall render opinions on request, 70. 
— shall represent superintendent in 
court, 284. 
Auditor may require special report from superintendent, 

128. 
Auditor must furnish information on request, 188. 
Biennial reports required, 66, 67. 
Semi-annual reports — required, 32. 

—penalty for failure to make, 32. 
Special attorneys may be appointed by him, 72. 

5. Relation to the Parish Schools. 

a. General Supervision. 

Has general supervision of schools, 63, 305. 

May call conventions of school officers for consulta- 
tion, 69. 

Shall furnish information and advice upon request, 
70. 



h. School Board of the Parish. 

Attention called to importance of establishing high 

schools, 301. 
Information and advice furnished upon request of 

the Board, 70. 
Inheritance taxes, attention called to them, 325. 

c. Parish Superintendent. 

Conventions for consultation, 69. 

Price lists and terms — for text-hooks, 307. 

— for libray books, 216-c. 
Reports — annual, due Jan. 10, 78, 89. 

— quarterly, due from Parish of Orleans, 219. 
^quarterly report by "parish treasurer, 89, 

313. 
— special may be required, 80. 
Supervised and assisted by State Superintendent, 63, 
305. 

d. School Funds. 

Apportions state funds to parishes, 127. 

May recover funds erroneously apportioned, 280. 

Reports to State Board of Education misappropria- 
tion of funds, 69. 

Receives examination fee for use of institute fund, 
111, 300. 

e. The School. 

Courses of Study prescribed, 71. 
Libraries — catalog of books and prices, 216-c. 
— reports of managers, 216-e. 
— rules and regulations, 216-e. 
Teachers' examinations, 300. 
Special school days — Bird Day. May 5, 108-a. 

— Arbor Day, second Friday in 

January, 327. 
— Washington's Birthday, 314. 
Pupils^ — examination of eyes, 73. 

— reports on examinations, 74. 
Signs diplomas of graduates, 317. 



9 

;". Institutes, Summer Schools, and Conventions. 

Examination fees sent to him for state institute fund, 

111, 300. 
Conventions for purposes of consultation, 69. 

The General Assembly. 

Duties Under the Constitution: 

To provide for the enumeration of children, 5. 
To provide for the support of the public schools, 11. 
To provide that the parishes shall support the schools, 11. 
To provide for the creation—of State Board of Education, 7. 

— of parish boards of education, 7. 
To provide for the salary of the parish superintendent, 7. 
To provide for the maintenance and support of the Louisi- 
ana State University and Agricultural and Mechanical 
College, 12. 
Eligibility of members, 20. 

Powers to levy an inheritance tax in favor of the public 
schools, 21. 

The State Board of Education. 

1. The Body. 

Compensation, 23. 
Composition, 23. 

Created by the General Assembly, 7. 
Eligibility of members, 20. 
Oath of office required, 54, 55, 56. 
Office room, 24. 

Time of meeting — annually on first Monday in Dec. 24. 
— special meetings may be called, 24. 

2. Standing in Court. 

Exempt from giving bond and security, 27. 
Its suits given preference, 27. 

3. Authority as to Courses of Study, Text-Books, etc. 

Adopts uniform text-books, 26. 

Approves books and prices, 216-c. 

Curriculum for teachers' training departments, 125. 

May modify list of subjects taught, 212. 



10 

4. Supreme AutJiority in School Matters. 

Assessors ' reports — received by it, 50. 

— correctness passed upon, 51. 
— power to order a new eniuneration, 51. 
Examination of teachers — provides rules for holding, 109. 

— receives special reports, 111. 
Donations received for school purposes, 28, 29, 80, 58. 
Highest authority — in cases of removal by Governor, 36, 
305. 
— appeals from the decision of the State 
Superintendent, 70. 
May require special reports from parish superintendents, 

25. 
Poll tax collections urged, 302. 
Preference for Normal graduates urged, 303. 

State K-evenues. 

Assessors' fees, 51, 57. 
Apportionment and care of funds. 

Apportioned on basis of population of school children, 5. 127. 

Erroneous apportionments may be recovered^ 280. 

Funds should be deposited with highest bidder, 201-a, 201-b. 

How current school fund shall be expended, 129. 

Private and church schools may not receive public funds, 10. 

When funds are apportioned, 127. 

Reports — biennial by State Superintendent, 66. 

—semi-annual by State Superintendent, 32. 

Sales of school bonds null and void, 279. 

Sources^— debts due from the State. 

Agricultural and Mechanical College fund, $182,- 
313,03, 16. 

Free school fund, $1,136,867.51, 14. 

Seminary fund, $136,000.00, 15. 
— free school fund, 207. 
— inheritance tax, 11, 142. 
— interest, how paid, 17. 

— interest on United States deposit fund, 130, 188. 
— State tax, 11. 



11 

State Auditor of Public Accounts. 

Blanks for enumeration of children to be furnished by him, 52. 
Estimates taxes needed for support of the public schools, 128. 
Exempt from jury duty, 216. 

Furnish information to State Superintendent, 65. 
Oath required, 54, 55, 56. 

Report to Governor the failure of officers to make prompt re- 
ports, 32. 
Report, annual, on condition of current school fund, 128. 

School lands — sales of, 176, 177. 

— collections of notes, 183. 

— fix capital due townships, 188, 

— furnish State Superintendent statements of 

amounts due on sixteenth sections, 188. 
' — authorized to invest free school funds in levee 

bonds, 216-a. 
— custodian of free school bonds, 279. 
Survey of school lands to be paid for by him, 175. 
Transfer interest on United States fund to current school 

fund, 130. 
Trial for failure to perform duty, 61. 

State Treasurer. 

Authorized to invest 16th section money in levee bonds, 216-a. 

Current school fund account to be kept by him, 128. 

Duty to apply to the General Government for 10% of the 

school money due, 208. 
Duty to transfer interest on United States fund to the current 

school fund, 130. 
Exempt from jury duty, 216. 
Receives proceeds of sales of school indemnity lands, 195. 

Attorney General. 

Ex-officio a member of the State Board of Education, 23. 
Shall render opinions to the State Superintendent, 70. 

State Board op Health, 

Shall assist the State Superintendent in providing for exam- 
ination of eyes of the pupils of the public schools, 73. 



12 

Register of State Land Office. 

Advertises sales of school indemnity lands, 192, 193. 

Disposition of proceeds of sales, 195. 

Duty to see that reservations of school lands are made for 

each township of the State, 201. 
Manner and place ot sale of school lands. 194, 195, 196, 197, 

198, 200. 
Sales to parish school boards, 199. 

State Institutes and Summer Schools. 

1. Authorized. 

Institutes shall be held, 95. 

Summer normal schools shall be held, 94. 

Institute laws do not apply to the Parish of Orleans, 106. 

2. Board of Institute Managers, 96. 

3. Attendance and Credits. 

Compulscy attendance, 95. 
Certificates and credits, 97, 319. 
Membership extended to citizens, 102. 
Penalty for failure to attend, 95. 
Roll of members and attendance to be kept, 103. 
Schools are in vacation and teachers on pay while attend- 
ing the institutes, 95. 

4. Institute Funds. 

Ten-dollar fine against parish superintendent, 78. 
Two-dollar fine against principals and teachers, 85. 
Duty in handling institute funds, 105. 
Appropriation for 1909-1910, 130-a. 

5. Reports of Conductors, 98. 
State Certificates. 

1. State Board of Examiners, V2'^. 

2. State Teacher's Certificate. 

Entitles holder to license for ten years, 122. 

May be renewed by the State Board of Examiners, 122. 

Required subjects, examination, etc., 121. 



13 

3. Superintendent's Certificate. 

To be eligible the superintendent must hold a certilieate, 

35, 328. 
Committee on examination, 328. 
Manner of conducting examination, 329. 

4. Graduates of Certain Schools Entitled to First-Grade Cer- 

tificates, 125. 

Common Schools. 

There shall be free public schools for all the children, 5. 
Must have teachers of sufficiently high grade to meet tlie r*^- 
quirements, 118. 

1. The Parish Board, 
a. Origin and Organization. 

Created by the General Assembly, 7. 

Compensation, 39. 

Elected for four years, 38. 

Elects its president, 35. 

Eligibility of members, 20. 

Members may not be teachers, 309. 

May be removed by Governor subject to approval of the 

State Board of Education, 36. 
Oath required, 54, 55, 56. 

Qualifications of members three in number, 41. 
Trial for failure to perform duty, 61, 304, 305. 

h. Appointment of Officers and Teachers. 
Auxiliary trustees may be appointed, 35. 
Board of examiners, 77. 

May not appoint a teacher who has no license, 118. 
Parish superintendent, 7, 33. 
Preference given to teachers who attend summer schools, 

97. 
Teachers appointed from nominated lists, 77, 35. 
Two persons appointed to assist in examining teachers, 

■77. 



14 

School Finances. 
Annual estimate of revenues to be made for the year, 88. 
Bonds — Authority to fund special taxes, 139. 

— Mode of procedure in issuing bonds, 140, 141. 
Charges in violation of law may not be allowed. 294. 
Competitive bids shall be basis of contracts, 35. 
Donations in support of education may be received by 

board, 28, 29, 30, 35. 
Funds must be deposited with the highest bidder, 

201-a, b, c. 
Libraries shall be supported, 216-b, f, d, g. 
Limit of debts that school board may contract,, 37. 
One dollar per annum may be charged to each family 

sending pupils to school, 43. 
Premium on superintendent's bond must be paid by the 

school board, 86. 
Poll tax — collections urged by State Board, 302. 

— special duty regarding, 326. 
Religious schools may not receive money from the board, 

45. 
Special duty to look after school funds, 35. 
State warrants for interest on free school fund may be 

sold, 281. 
Three .mills of the parish tax may be demanded by the 

school board, 126. 
Uninhabitable land sales and duties pertaining thereto, 

177. 

, School Property. 

Authority and duty with reference to preserving school 

property, 189, 190, 191, 288. 
Care and improvement of property in hands of board, 35. 
Contracts shall be by competitive bids, 35. 
Control of improved school indemnity lands, 192. 
Donations may be received by board for school purposes, 

28, 29, 30, 35. 
Debts may not be contracted greater than the revenues 

for the year, 37. 
Damages can be recovered by school board, 35. 
Expropriations of lands for school use, 58, 59, 60. 



15 

Land may be received by purchase or donation for 

schools, 35. 
Location of schools may be changed by a two-thirds 

vote, 35. 
Rights of way may be granted through school lands, 

175-a. 
Uninhabitable land sales, 177. 

«. Duties in Actual School Work. 

Approve or disapprove action of superintendent in re- 
voking teacher's certificate, 110. 
Bird Day provided for, 108-a. 
Enforce all laws regarding schools, 35. 
Establish schools on the recommendation of the parish 

superintendent, 35. 
Gambling prohibited within certain school areas, 275, 
Graded and high schools established under the sanction 

of the State Board, 43, 301. 
Liquor sales prohibited near schools, 276. 
Penalty for not recognizing normal school diplomas, 304. 
President of the board— duties, 44. 

• — ^fine and imprisonment for fail- 
ure, 213-c. 
— ^member of library committee, 

216-d. 
— warrants drawn by him, 88. 
Report defects in system, teachers, of&cials, 35. 
School districts — parish divided into, 46. 

— children may change from one district 
to another, 48. 
Shall visit schools, 35. 
Uniformity of text-books enforced, 306. 
What shall be taught, 212. 

/. General. 

Attorney for the parish board, 42. 

Exempt from furnishing bond or security in case of suit, 

27. 
Make rules for its guidance, 35, 295. 
May call upon the State Superintendent for information, 

instruction, etc., 70. 



16 

g. Auxiliary Visiting Committees. 

Appointed by the school board, 35. 

Dnty to visit and make reports, 35. 
2. The Parish Superintendent. 
a. The Position. 

Elected by the parish board, 7, 33. 

Eligibility, 20, 35, 328. 

Ex-officio — secretary of the parish board, 7, 33, 75, 84. 
— treasurer of school funds, 86, 87. 

License may be revoked by the State Board, 35. 

May not act as agent for school supplies, 108. 
Penalty for same, 108. 

May not engage in teaching while superintendent, 312. 

Must devote entire time to the work, 328. 

Oath and bond, 54, 55, 56, 86. 

Office dates, 82. 

Salary, 7, 75. 

Term of office four years, 35. 

Trial for failure to perform duty, 61. 

&. Relation to the Teacher. 

Examination — duties in reference to, 300. 

— answer papers kept one year, 77. 
— compulsory examinations, 299, 310. 
—fees sent to the State Superintendent, 111, 
300. 
Certificate may be issued on basis of paper prepared in 

another parish, 116. 
Contracts signed by the superintendent, 44. 
Influence teachers to attend the association meetings, 315. 
May remove teachers on petition or complaint, 217. 
Nominates all teachers, 35. 

Penalty for not recognizing normal graduates, 303. 
Revocation of teacher's license, 110, 119, 299. 
Teachers who fail to file certificate of faithful discharge 
of duty shall not be paid, 120, 217. 



c. Institutes. 

Detailed reports required, 107. 

Institute manager may be appointed by the superintend- 
ent, 104. 

Length of legal session of institute, 101. 

Monthly institutes may be held, 99. 

Penalty for failure to conduct institute according to 
law, 101. 

Receives $3 per day for his services in holding insti- 
tutes, 105. 

Roll of members and attendance shall be kept, 103. 

d. The School. 

Enforce uniform text-books, 306, 308. 

Gambling and sale of liquors prohibited near schools, 

275, 276. 
High school diplomas signed by the superintendent, 317. 
Judgment final in case of suspension of pupils, 217. 
Library duties, 216-c-f. 
Member of library committee, 216-d-f. 
Testing eyes of pupils, 74. 

Text-books to be provided at contract price, 307. 
Visit each school at least once a year, 76. 
School districts — determined, 46. 

— in two adjacent parishes, 47. 

- — records of districts open to inspection,, 

46. 

e. Treasurer of School Funds. 

Accounts — open to inspection by anyone, 88. 
— kept with sheriff, 326. 

Deposits funds in bank designated by parish board, 86. 

How money shall be paid, 88. 

Institute funds, 105. 

May not warrant for money beyond the revenue esti- 
mated by the parish board, 88. 

Quarterly reports to State Superintendent, 89. 313. 

Receives State apportionment from State Superintend- 
ent, 127. 

Sale of interest warrants, 281. 



18 

School lands — receives proceeds of collections by attor- 
ney, 92. 
— duties in sale of lands, 288. 
• — sixteenth sections, 90, 183, 184. 
— survey of lands prior to vote, 175, 288. 
— vote on sale of school lands, 174, 178. 
- — sale of school lands divided by parish lines, 

179. 
— transmits 16th section money to State Au- 
ditor, 92, 186. 
Special reports, 89, 313. 
/. Records. 

Details of how to keep them, 80, 85. 
Records of districts open to inspection, 46. 
g. Reports. 

Accounts open to inspection by anyone, 88. 
Annual report — by January 10 to State Superintendent, 
"78. 
■ — fine of $10 per week for being late with 
this report, 78. 
Detailed reports of institutes, 107. 

Special reports may be called for by the State Superin- 
tendent, 80. 
Penalty for failure to render semi-annual statements, 34. 
Quarterly reports — to parish boards, 83. 

— treasurer to State Superintendent, 

89, 313. 
— Required by State Board, 25. 
h. General. 

Enforce all state laws, 76, 305. 
May administer oaths, 81, 
'. Police Jury. 

Duty to levy tax when election carries, 136, 138. 

May levy as much school tax as the entire State tax, 126. 

May levy ten mills : but two, at least, would have to b€ 

for schools, 296. 
Must provide for details of holding elections, 134. 
Shall levy at least three mills for schools, subject to the 

demands of the school board, 126. 
Shall order elections on petition of tax payers. 132, 134. 



19 

4. Assessor. 

Blind and deaf children enumerated, 50. 

Duty to make a correct enumeration of children of school 

age, 50. 
Fee for assessing taxes, 57. 

Four cents paid him for each child enumerated, 51. 
List of polls to be furnished school board by October 

1st, 166. 

Neglect may cause removal from office, 53. 

Oath of office, 54, 55, 56. 
Penalty for failure, 166. 
Shall make oath to the correctness of the enumeration, 50. 

5. Tax Collector. 

Authority same in special as in other taxes, 138. 

Collections of poll taxes from jury members and wit- 
nesses, 170, 171, 172. 

Collect special taxes and pay over to the school board, 138. 

Compensation, 93. 

Duty with regard to donations, 144, 149, 151, 152-165. 

Must make returns based upon poll list of assessor first 
Saturday in February, 167, 169. 

Penalty for failure to collect poll taxes, 168. 

6. Examining Committee. 

Appointed by the parish board, 77. 

Compulsory examinations, 299. 

Details of grading, 300. 

Duties, 77, 112. 

Exaniinations — manner of holding, 300. 

— questions to be used, 300, 

— time of holding, 300. 
May refuse to examine an applicant, 289. 
Oath taken by examiners, 110. 

Shall not give a certificate without examining an appli- 
cant, 110. 



20 

The Teacher. 

Agency — may not act as agent for school supplies, 108. 
— penalty for violating agency law, 108. 

Authority to hold pupils to account for disorderly eon- 
duct, 217, 285. 
Certificate may be revoked, 110. 
Compensation, 293. 

Credits for attending summer schools, 319. 
Discharge may result from incompetency, etc., 110, 119. 
Examinations — to be held under rules of State Board. 109. 
- — one dollar examination fee for state insti- 
tute fund, 111. 
Exempt from jury duty, 216. 
Has right to examine his examination paper, 77. 
Institutes — teacher must attend, 95. 100. 

— penalty for failure to attend^ two days' pay, 

95, 100. 
■ — receives pay while attending institute, 95, 100. 
— need not travel over ten miles and otherwise 
than by land to attend the institutes, 100. 
License and written contract necessary to teach, 118. 
Library- — teacher is manager of the school library, 216-b. 
■ — ^assists in selecting books, 216-d. 
— as manager must make reports to State Super- 
intendent, 216-e. 
— must enforce rules and regulations, 216-e. 
Month is twenty days of school work, 212. 
Must enforce all laws and regulations regarding the 

schools, 217, 285. 
Penalty for failure to enforce unifonnity of text-books, 

306. 
Power to suspend and duty in that respect, 217. 
Pupils — test aiKi examine their eyes and heariny'. 74 

— shall be held accountable for disorderly conduct, 
217, 285. 
Eecords shall be kept as prescribed by the State Super- 
intendent, 85. 
Reports — monthly prior to receiving salary. 85, 120. 217. 
— fined two dollars for failure to make report, 85. 



21 

Special days — Bird day, observed May 5th, 108-a. 

— Washing-ton's Birthday, 314. 

— Arbor day, 327. 
State Teachers' Association, 315. 

. Parish Certificates. 
a. Third Grade. 

Entitles holder to teach one year, 116. 

Credit for Summer Schools, 322. 

Credit for Institutes and Summer Schools, 324-a. 

Required subjects in examination, 113. 

6. Second Grade. 

Entitles holder to teach three years, 116. 

Credit for Summer Schools, 321. 

Credits for Institutes and Summer Schools, 324-a. 

Required subjects in the examination, 114. 

c. First Grade. 

Entitles holder to teach five years, 116. 
Examination — subjects required, 115. 

— exemptions for certain graduates, 115. 
— credit for Institutes and Summer Schools, 
324-a. 
Holder may have certificate extended one year by attend- 
ing a summer school thirty days, 324. 
Ten per cent credit given holder on applying for another 
first grade certificate, provided he has attended a sum- 
mer school thirty days, 324. 

d. General. 

Beginners in teaching secure ten per cent credit on their 
examinations for second or third grade eertifieate, if 
they have attended summer schools for forty days, 320. 
Special certificates in subjects of high grade, 117. 
Two certificates from two supe'rintendents may issue 
from same examination, 116. 
'. The Pupil. 

Discipline, 285, 286. 
Enumeration — enmneration, 50. 

— separate list of blind and deaf children, 
50. 



22 

Free passage over ferries, toll bridges, etc., 210= 
General Assembly shall provide for enumeration, 5. 
Eyes and ears shall be tested, 74. 
Legal cost of books, 26. 
Parents' duty to children, 291. 

Poor children of Orleans to have free text-books, 18. 
Ten pupils the minimum for a school, 211. 
"Which of two schools a pupil may attend, 48. 

10. The Parent. 

Duty to children, 291. 

Expenses of books, 26. 

One dollar per annum fuel fee, 43. 

Parents' wishes as to studies, 286. 

Preference in text-books, 26. 

Eelation to school library, 216-b-f. 

Special resolution and recommendation, 318. 

Tests of eyes and ears to be reported to the parent, 74. 

11^ The School. 

Branches taught, 212. 

Courses of study prescribed by the State Superintend- 
ent, 71. 
French taught under certain conditions, 8, 212. 
General exercises in English, 8. 
High schools^ — authorized high schools, 297. 

— diplomas, how prepared and signed, 317. 

— may be established by parish board, 43 

—rules for establishing, 298. 298-a, 301. 316. 

- — site and buildings to be provided without 
cost to the school fund, 43. 

— support of high schools, 311. 130-a. 
Holidays, 215. 

Hours to be kept open daily, 212. 

Hygiene and temperance to be taught in all grades. 213. 
Libraries, 216-b-d-f-g. 
Practice schools, 71. 
Special days — Bird day, observed May 5th, 108-a. 

— AA^ashington's Birthday, 314. 

— Arbor day, second Friday in January, 315. 
Ten pupils necessary for a school, 211. 



23 

12. Court and Attorneys. 

Certified copies of evidence admissible as evidence, 68. 
Collections of 16tli section notes, 184, 185. 
District attorney — shall act as counsel for parish board, 
42, 90. 
— duty regarding issuance of bonds, 140. 
— specially charged about inheritance 
tax, 325. 
Duties of attorneys, 91, 186. 
Fees, 92, 186, 140. 

Jurisdiction of Supreme Court, 282. 
Preference in setting cases for trial, 27, 61. 
Special attorneys may be appointed by the State Super- 
intendent, 72, 90. 

13. ScJiool Property. 

By a two-thirds vote the school site may be changed, the 

old site sold, etc., 35. 
Doors of school houses must be swung outward, 213-b. 
Exempt from seizure, 287. 
Exempt from tax, 2. 

Expropriation of lands for use of schools, 58, 59, 60. 
Giving school site to the City of Baton Rouge, 216-a. 
In charge of the parish board, 35. 
The purchase of school site, 199, 200. 
Spitting on floors and walls of school houses prohibited, 

213-a. 

14. School Districts. 

Duty of parish board and superintendent to create, 46. 
How a district may be formed of parts of parishes, 47. 
Record of districts in permanent form, open at all times 

to inspection, 46. 
School board sole judge of the shape and boundary of 

districts, 46. 

15. School Lands. 

Auditor of Public Accounts must keep an account of the 
amount due each township on its sixteenth section, 188. 

Concurrent resolution of the General Assembly asking 
Congress for more school lands, 126-a. 

How school lands are to be handled when not sold, 189. 



24 

Mode of annulling sales, 182, 281. 
Notes to be collected, 90, 91, 92. 
Origin of school lands, 202. 
Penalty for trespass, 190, 191. 

Rights of residents and tax payers regarding sale, 281. 
Rights of way may be granted by the board, 175-a. 
Sale of uninhabitable lands, 177. 
Sale when lands are divided Itv parish lines, 179. 
Sale of script, 187, 288. 
Sehocl indemnity lands, 192-200. 

Sixteenth sections — Money to bear interest at the rate of 
four per cent, 92. 
— procedure in case of sale, 176, 181, 

281. 
— survey of lands prior to sale, 175, 288. 
— vote on sale of land, 171. 178, 281. 
Title to lands is in the residents and tax payers of the 
township. 281. 
16. School Funds. 

Assessors' fees, 51, 57. 

Care of funds entrusted to school board, 35. 

Certain townships entitled to 4% interest on amounts 

due by the State, 14. 
Charges in violation of law prohibited, 294. 
Concurrent resolution of the General Assembly asking for 

school lands, 126-a. 
Debts may not be contracted greater than the estimated 

revenues for i\\e current year, 36. 
Donations, 35, 205. 

Erroneous apportionments mav be rectified, 280. 
Fines and forfeited bonds paid to school fund, 131, 209. 
Funds shall be deposited with the highest bidder, 201-a. 
High school pro rata, 311. 130-a. 
Inheritance taxes. 142-165. 

Orleans parish — must levy at least eight-tenths of a mill 
for school purposes, 11. 
— due from the Board of Liquidation, 11. 
Police jury tax — limited to ten mills for all purposes. 4. 
— must give three mills for schools if the 
parish board calls for it, 126. 



25 

Poll tax — p:eneral, 3. 

— collection from jurors and witnesses, 170-172. 
—collection urged by the State Board, 302. 
Proceeds of sales of school lands, how disposed of, 181. 1 
Semi-annual reports, 32. 

Special tax— by the vote of the people, 4, 132, 133, 134, 
318. 
— form of special tax petition. 135. 
— qualifications of voters in special tax elec- 
tions, 137. 
— may be funded into bonds, 139. 
— rules for bonding special taxes, 140. 141. 
State tax received in proportion to the educable chil- 
dren, 5. 
17. Sundry Items. 

The Parish of Orleans — 
Certificates good for five years, 224. 
Certificates of indebtedness issued by the school board not 

debts of the city, 277. 
City council — must appropriate not less than eight-tenths 
of a mill annually for the support of 
schools, 11, 234, 236. 
— duty to make annual reports to the State 
Superintendent, 237. 
Diplomas equivalent to first grade certificates, 228. 
Due by Board of Liquidation, 11. 
Duties of parish superintendent, 229. 
Enumeration of children by the board of assessors, 50. 
Inheritance tax, 142-165. 
Institutes may be provided by the board of directors for 

the Parish of Orleans, 106. 
Kindergarten exceptions, 212. 
May establish without sanction of State Board, 43. 
Night school may be established, 227. 
Normal schools, 228. 
Poll tax — general, 166. 

— collection from jurors and witnesses, 173. 
Principals may suspend pupils, 217. 
Provision for poor children, 18, 238, 239. 
Revenues, 219, 220, 221, 222. 



26 

School board — appoints parish superintendent, 229. 

— annual report to the common council, 233, 
— consists of seventeen elected members, 38. 
- — duty regarding accounts of predecessors,. 

226. 
— holds monthly meetings, 225. 
— judge of its own members, 226. 
— no compensation, 39. 
— organization, 219. 
— penalty for being absent from meetings,. 

226. 
— qualifications of members, 41. 

Teachers— elected by the school board, 223. 

- — no examination for teachers in service, 224. . 
— may be discharged, 222. 
— must have license and written contract, 118. 
— position permanent, 240-242. 

Treasurer shall make annual report, 89. 

Treasurer, 230, 231. 

Home authors of text-books, 26. 

Adoption of text-books, 26. 

Clerk of court to receive semi-annual report from the parish 
superintendent. 35. 

A person contracting Avith scliool board of parish is warned 
to assure himself that there are sufficient funds to meet 
the debt, 37. 

Prescription of debts due schools thirty years, 206. 

Book depositories may not evade their contracts, 308. 

Lake Charles made a separate school district from Calcasieu 

parish, 216-a. 
Centenary College, 216-a. 
Tulane University, 12, 260-265-a. 

State Schools. 

1. A State school may be establishtd by a two-third vote of 
the General Assembly, 19. 



27 

2. The Louisiana State University and Agricultural and 

Mechanical College. 

Aim — to become an institution of learning in its broadest 

and highest sense, 243. 
Affiliation with other schools, 246. 

Beneficiary cadets — one from each parish of the State, 
246-a. 
— one from each ward of the City of 

New Orleans, 246-a. 
—qualifications of beneficiaries, 246-b. 

Degrees and diplomas recognized, 247. 

Departments — schools, 244, 245. 

— chair of forestry established, 250. 
Lands — Agricultural and Mechanical College lands, 204. 

—Seminary lands, 203. 
Pensions for professors — Carnegie Foundation, 248. 
Police juries and the city council of New Orleans may 
appropriate money for the support of beneficiaries, 
246-c. 
Exports — annual to the State Superintendent by March 1, 

67. 
Rights of graduates applying to teach, 121, 115. 
Support— for 1909-10, 130-a. 

— interest on the Seminary fund, 12, 15. 
—interest on the A. & M. fund, 12, 16. 
— to be maintained by the General Assembly, 12. 
Tuition fees authorized, 249. 

3. The Louisiana State Normal School. 

Aim — to train teachers for the public schools, 251. 

Admission, 25. 

Annual report due to the State Superintendent b}^ March 

1st, 67. 
Appropriation for 1909-10, 130-a. 
Beneficiaries — one female from each parish, 254-a. 

— one female from each ward of the City of 

New Orleans, 254-a. 
— conditions, qualifications, and manner of 
appointment, 254-b. 



28 

Departments — normal arc! rraetice, 252. 

Diplomas, 255. 

Police juries and city council of Orleans authorized to 
appropriate $250 for the support of the beneficiary, 
254-c. 

President — a member of the State Board of Examiners, 
123. 
— a member of the State Board of Institute 
Managers, 96. 
Rights of graduates when appl.ving for a State teacher's 

certificate, 115, 121, 303, 304. 
State Superintendent a member of the Board of Su- 
pervisors, 53. 
Supported by the State of Louisiana, 13. 
Tuition, 254. 

4. The Lunisiana Industrial Institute. 

Aim. etc., 256. 

Annual report due to the State Superintendent by March 

1st, 67. 
Appropriation for 1909-10, 103-a. 
Beneficiaries — one female from each parish, 254-a. 

— one female from each ward of the City of 

New Orleans, 254-a. 
— conditions, qualifications, and manner o£ 
appointing the beneficiaries, 254-b. 
Branches taught, 257. 

Police juries and city council of New Orleans authorized 
to appropriate $250 annually for the maintenance of 
each beneficiary, 254-e. 
Rights of graduates when applying for a teacher's eertili- 

cate, 115, 121. 
State Superintendent a member of the Board of Super- 
visors, 63. 
Supported by the State of Louisiana, 13. 

5. The Southwestern Louisiana Industrial Institute. 

Annual report due March 1st, 67. 
Appropriation for 1909-10, 103-a. 



29 

Beneficiaries— one female from each parish, 254-a. 

— one female from each ward of the City of 

New Orleans, 254-a- 
— conditions, qualifications, and manner of 
appointing beneficiaries, 254-b. 
Branches taught, 259. 
Established, 258. 

Police juries and the city council of New Orleans author- 
ized to appropriate $250 annually for the support of 
each beneficiary, 254-c. 
Rights of graduates when applying for license to teac:!. 

115, 121. 

State Superintendent a member of the Board of Sup^;r- 

visors, 63. 

6. Louisiana State School for the Blind. 

Annual report due March 1st, 67. 
Appropriation for 1909-10, 103-a. 
Established, 268. 

How long pupils may remain, 270. 
Objects, 269. 

Pupils furnished with board, lodging, etc., 269. 
State Superintendent a member of the Board of Super- 
visors, 63. 

7. Louisiana State School for the Deaf. 

Annual report due by the 1st of M,arch, 67. 
Appropriation for 1909-10, 103-a. 
Admission of pupils, 272. 
Age of admission, 273. 
Branches taught, 274. 

Pupils receive free lodging, board, etc., 272. 
Reorganization, 271. 

State Superintendent a m- mber of the Board of Super- 
visors, 63. 

8. Southern Universiti). 

Annual report due March 1st, 67. 

Appropriation for 1909-10, 103-a. 

Established for the education of persons of color, 266. 

Organization. 267. 



30 

Rights of graduates when applying for license to teach. 
115, 121. 

State Superintendent a member oi the Board of Super- 
visors, 63. 

Supported by the State of Louisiana, not exceeding 
$10,000 per annum, 13. 



ARTICLES OF THE STATE CONSTITUTION (1S98) 
HAVING EEFERENCE TO PUBLIC EDUCATION. 



1. Art. 53. (Limitation of Legislative Powers.) — No 
money shall ever be taken from the public treasury, directly or 
indirectly, in aid of any church, sect or denomination of religion, 
or in aid of any priest, preacher, minister or teacher thereof, as 
such; and no preference shall ever be given to, nor any dis- 
crimination made against, any church, sect or creed of religion, 
or any form of religious faith or worship ; nor shall any appro- 
priations be made for private, charitable or benevolent purposes 
to any person or community; provided, this shall not apply to 
the State Asylum for the Insane and State Institution for the 
Deaf and Dumb and State Institution for the Instruction of the 
Blind, and the charity hospitals and public charitable institu- 
tions conducted under State authority. . 

2. Art. 230. (Educational Institutions Exempt prom 
Taxation.) — The following shall be exempt from taxation, and 
no other, viz. : All public property, places of religious worship, 
or burial, all charitable institutions, all buildings and property 
used exclusively for public monuments or historical collections, 
■colleges and other school purposes, the real and personal estate 
of any library, and that of any other library association used 
by or connected with such library, all books and philosophical 
apparatus, and all paintings and statuary of any company or 
association kept in a public hall; provided, the property so 
exempted be not leased for purposes of private or corporate 
profit and income. ****** 

3. Art. 231. (Poll Tax of One Dollar.)— The General 
Assembly shall levy an annual poll tax of one dollar upon every 
male inhabitant in the State between the ages of twenty-one 
and sixty years, for the maintenance of the public schools in 
the parishes where collected. 

4. Art. 232. (School Tax on a Vote op Property Tax- 
Payers.) — The State tax on property for all purposes whatever, 



32 

including expenses of government, schools, levees and interest^ 
shall not exceed, in any one year, six mills on the dollar of its 
assessed valuation, and, except as otherwise provided in this. 
Constitntion, no parish, municipal or public board tax for all 
purposes whatsoever, shall exceed in any one year ten mills on 
the dollar of valuation; provided, that for giving additional 
support to public schools, and for the purpose of erecting and 
constructing public buildings, public school houses, bridges, 
wharves, levees, sewerage work and other works of permanent 
public improvement, the title to which shall be in the public^ 
any parish, municipal corporation, ward or school district may 
levy a special tax in excess of said limitation, whenever the rate 
of such increase and the number of years it is to be levied and 
the purpose or purposes for which the tax is intended, shall 
have been submitted to a vote of the property taxpayers of 
each parish, ward or school district entitled to vote under the 
election laws of the State, and a majority of the same in num- 
bers and in value voting at such election shall have voted there- 
for. 

5. Art. 248. (Free Schools; for Whom; Apportionment 
OF Funds.) — There shall be free public schools for the white 
and colored races, separately established by the General Assem- 
bly, throughout the State, for the education of all the children 
of the State between the ages of six and eighteen years; pro- 
vided, that where kindergarten schools exist, children between 
the ages of four and six may be admitted into said schools. All 
funds raised by the State for the support of public schools, 
except the poll tax, shall be distributed to each parish in pro- 
portion to the number of children therein between the ages of 
six and eighteen years. The General Assembly, at its next ses- 
sion, shall provide for the enumeration of educable children. 

6. Art. 249. (State Superintendent.) — There shall be 
elected by the qualified electors of the State a Superintendent 
of Public Education, who shall hold his office for the terin of 
four years, and until his successor is qualified. His duties shall 
be prescribed by law, and he shall receive an annual salary of 
two thousand dollars. The aggregate annual expenses of his 
office, including his salary, shall not exceed the sum of four- 
thousand dollars. 



33 

7. Art. 250. (State Board of Education; Parish Boards 
AND Officers.) — The General Assembly shall provide for the 
creation of a State Board and Parish Boards of Public Educa- 
tion. The Parish Boards shall elect a Parish Superintendent 
of Public Education for their respective parishes, whose qual- 
ifications shall be fixed by the Legislature, and who shall be 
ex-officio secretary of the Parish Board. The salary of the Parish 
Superintendent shall be provided for by the General Assembly, 
to be paid out of the public school funds accruing to the re- 
spective parishes. 

8. Art. 251. (FisENCH May Be Taught.) — The general exer- 
cises in the public schools shall be conducted in the English 
language; provided, that the French language may be taught 
in those parishes or localities where the French language pre- 
dominates, if no additional expense is incurred thereby. 

9. Art. 252. (Application of the Poll Tax.) — The funds 
derived from the collection of the poll tax shall be applied ex- 
clusively to the maintenance of the public schools as organized 
under this Constitution, and shall be applied exclusively to the 
support of the public schools in the parish in which the same 
shall be collected, and shall be accounted for and paid by the 
collecting officer directly to the treasurer of the local school 
board. 

10. Art. 253. (Sectarian Schools Cannot Receive Purlic 
School Funds.) — No funds raised for the support of the public 
schools of the State shall be appropriated to or used for the 
support of any private or sectarian schools. 

11. Art. 254. (School Funds — Op "What They Spiall Con- 
sist. ) — The school funds of the State shall consist of : 1st. Not 
less than one and one-quarter mills of the six mills tax levied 
and collected by the State. 2d. The proceeds of taxation for 
school purposes as provided by this Constitution. 3d. The inter- 
est on the proceeds of all public lands heretofore granted or 
to be granted by the United States for the support of the public 
schools, and the revenues derived from such lands as may re- 
main unsold. 4th. Of lands and other property heretofore and 
hereafter bequeathed, granted, or donated to the State for school 
purposes. 5th. All funds and property, other than unimproved 
lands, bequeathed or granted to the State, not designated for 
any other purpose. 6th. The proceeds of vacant estates fallino- 



34 

under the law to the State of Louisiana. 7th. The legislature 
may appropriate to the same fund the proceeds of public lands 
not designated or set apart for any other purpose, and shall 
provide that every parish shall levy a tax for the public schools 
therein, which shall not exceed the entire State tax; provided, 
that with such a tax the whole amount of parish taxes shall not 
exceed the limits of parish taxation fixed by this Constitution. 
The City of New Orleans shall make such appropriations for 
the support, maintenance and repair of the public schools of 
said city as it may deem proper, but not less than eight-tenths 
of one mill for one year ; and said schools shall continue to 
receive from the Board of Liquidation of the City Debt, the 
amounts to which they are now entitled under the Constitutional 
amendment, adopted in the yea,r 1892. 

12. Art. 255. (State University and A. and M. College.) — 
The Louisiana State University and Agricultural and Mechan- 
ical College, founded upon land grants of the United States to 
endow a seminary of learning and a college for the benefit of 
agriculture and mechanic arts, now established and located in 
the City of Baton Rouge, is hereby recognized ; and all revenues 
derived and to be derived from the seminary fund, the Agricul- 
tural and Mechanical College fund, and other funds or lands 
donated to or to be donated by the United States to the State of 
Louisiana for the use of a seminary of learning or of a college 
for the benefit of agriculture or the mechanic arts, shall be ap- 
propriated exclusively to the maintenance and support of the 
said Louisiana State University and Agricultural and Mechan- 
ical College; and the General Assembly shall make such addi- 
tional appropriations as may be necessary for its maintenance, 
support, and improvement, and for the establishment, in con- 
nection with said institution, of such additional scientific or 
literary departments as the public necessities and the well being 
of the people of Louisiana may require. 

The Tulane University of Louisiana, located in New Orleans, 
is hereby recognized as created, and to be developed in accord- 
ance with the provisions of the legislative act No. 43, approved 
July 5th, 1884, and by approval of the electors, made part of 
the Constitution of the State. 

13. Art. 256. (Other State Schools.) — The Louisiana 
State Normal School, established and located at Natchitoches; 



35 

the Industrial Institute and College of Louisiana, whose name 
is hereby changed to the Louisiana Industrial Institute, estab- 
lished and located at Huston; and the Southern University, 
now established in the City of New Orleans, for the education 
of persons of color, are hereby recognized; and the General 
Assembly is directed to make such appropriations from time to 
time as may be necessary for the maintenance, support and im- 
provement of these institutions; provided, that the appropria- 
tion for the maintenance and support of the Southern University 
shall not exceed ten thousand dollars per annum. 

14. Art. 257. (Intekest Due the Townships.) — The debt 
due by the State to the free school fund is hereby declared to 
be the sum of one million, one hundred and thirty thousand, 
eight hundred and sixty-seven dollars and fifty-one cents in 
principal, and shall be kept on the books of the Auditor and 
Treasurer to the credit of the several townships entitled to the 
same; the said principal being the proceeds of the sales of 
lands heretofore granted by the United States for the use and 
support of free public schools, which amount shall be held by 
the State as a loan, and shall be and remain a perpetual fund, 
on which the State shall pay an annual interest of four per 
cent, and said interest shall be paid to the several townships of 
the State entitled to the same, in accordance with the Act of 
Congress, No. 68, approved February 15th, 1843. 

15. Art. 258. (Debt Due Seminaey Fund.) — The debt due 
by the State to the seminary fund is hereby declared to be one 
hundred and thirty-six thousand dollars, being the proceeds of 
the sale of lands heretofore granted by the United States to 
this State for the use of a seminary of learning, and said 
amount shall be kept to the credit of said fund on the books of 
the Auditor and Treasurer of the State as a perpetual loan, 
and the State shall pay an annual interest of four per cent on 
said amount. 

16. Art. 259. (Debt Due A. and M. College.)— The debt 
due by the State to the Agricultural and Mechanical College 
fund is hereby declared to be the sum of one hundred and 
eighty-two thousand three hundred and thirteen dollars and 
three cents, being the proceeds of the sale of lands and land 
scrip heretofore granted by the United States to this State for 
the use of a college for the benefit of agricultural and meehan- 



36 

ical arts; the said amount shall be kept to the credit of said 
fund on the books of the Auditor and Treasurer of the State 
as a perpetual loan, and the State shall pay an annual interest 
of five per cent on said amount. 

17. Art. 260. (How Interest Shall Be Paid.) — The inter- 
est due on the free school fmid, the seminary fund and the 
Agricultural and Mechanical College fund, shall be paid out 
of any tax that may be levied and collected for the payment 
of the interest on the State debt. 

18. Art. 261. (School Books for Indigent Puph^s.) — All 
pupils in the primary grades in the public schools throughout 
the Parish of Orleans, unable to provide themselves with the 
requisite books, an affidavit to that effect having been made by 
one of the parents of such pupils, or if such parents be dead, 
shall be furnished with the necessary books, free of expense, to 
be paid out of the school fund of said parish; and the School 
Board of the Parish of Orleans is hereby directed to appro- 
priate annually not less than two thousand dollars for the 
purpose named, provided such amount be needed. 

19. Art. 60. (Establishment of Additional Educational 
or Charitable Institutions.) — No educational or charitable 
institution, other than the State institutions now existing, or 
expressly provided for in this Constitution, shall be established 
by the State except upon a vote of two-thirds of the members 
elected to each House of the General Assembly. 

20. Art. 210. (Eligibility to Office.) — No person shall be 
eligible to any office. State, judicial, parochial, municipal or 
ward, who is not a citizen of this State, and a duly qualified 
elector of the State, judicial district, parish, municipality or 
ward, wherein the functions of said office are to be performed. 
And whenever any officer, State, judicial, parochial, municipal 
or ward, may change his residence from this State, or from the 
district, parish, municipality or ward in which he holds such 
office, the same shall thereby be vacated, any declaration of 
retention of domicile to the contrary notwithstanding. 

21. Art. 235. (Inheritance Tax for Public Schools.) — ■ 
The Legislature shall have power to levy, solely for the support 
of the public schools, a tax upon all inheritances, legacies and 
donations ; provided, no direct inheritance, or donation, to any 
ascendant or descendant, below ten thousand dollars in amount 



37 

or value shall be so taxed; provided, further, that no such tax 
shall exceed three per cent for direct inheritances and dona- 
tions to ascendants or descendants, and ten per cent for collat- 
eral inheritances, and donations to collaterals or strangers; 
provided, bequests to educational, religious or charitable insti- 
tutions shall be exempt from this tax. 

22. Art. 236. The tax provided for in the preceding article 
shall not be enforced when the property donated or inherited 
shall have borne its just proportion of taxes prior to the time of 
such donation or inheritance. 



ACTS OF THE GENERAL ASSEMBLY OF THE STATE 
OF LOUISIANA RELATING TO PUB- 
LIC EDUCATION. 



23. (State Board of Education and General Provisions, 
S. 1, A. 214, '02.)— The Governor, Superintendent of Public 
Education and the Attorney General, together with seven citi- 
zens appointed by the Governor, one from each Congressional 
District of the State, shall be a body politic and corporate by 
the name and style of the Board of Education for the State of 
Louisiana, with authority to sue and defend suits in all matters 
relating to the public schools. The above specified seven citi- 
zens shall receive, as compensation for their services in attending 
the meetings of the board, their actual traveling expenses and 
per diem for the number of days that the board is in session, 
the same as members of the State Legislature, payable on their 
warrants, approved by the president and secretary of the board, 
out of the current school fund. 

24. (Officers; Salaries; Time of Meeting; Publication 
OF Minutes, S. 2, Act 167, '04.) — The Governor shall be ex- 
officio President, and the State Superintendent, Secretary. The 
State Superintendent shall be authorized to appoint an assistant 
secretary whose salary shall not exceed twelve hundred dollars 
($1,200) a year, to be fixed by the Board, payable monthly on 
the warrant of the State Superintendent of Public Education. 
The Board shall meet on or before the first Monday in Decem- 
ber of each year, and at other times when called by the State 
Superintendent of Public Education. The acts of the Board 
shall be attested by the signatures of the President and Secre- 
tary of the Board. All papers, documents, and records apper- 
taining to the Board shall be filed by the Sercetary in the office 
of the State Superintendent of Public Education. The State 
Superintendent may publish, if he sees fit, or at the request 
of the Board, the proceedings of the State Board of Education 
in the official journal of the State, or in an official pamphlet. 



39 

25. (May Require Reports op Parish Superintendents, 
S. 4, A. 214, '02.) — The State Board of Education may require 
reports to be made by the parish superintendent whenever the 
interest of the common schools indicate the necessity of other 
reports than now required. 

26. (Uniformity of Text-Books, S. 3, A. 214, '02, 
amended by A. 231, '08.)— The State Board of Edu- 
cation shall strictly enforce a uniformity of text-books, 
in all the public schools, and shall adopt a list thereof, which 
shall remain unchanged for four years after such adoption. In 
the adoption of said list of text-books preference shall be given 
to such as have been printed or both composed and printed in 
the State of Louisiana, provided they be equal to competing 
books in intrinsic merit, mechanical construction, and price. For 
satisfactory reasons shown to said board, it may change said list 
or adopt a list generally preferred by teachers or parents in 
certain localities, maintaining as far as possible a uniformity of 
text-books, and without placing parents and guardians to fur- 
ther expense. The adoption of such list and apparatus shall bf^ 
by contract to the lowest bidder, subject to the change aforesaid, 
and to the best advantage as to cost to pupils. 

27. (State and Parish Boards Exempt from Furnishing 
Bonds in Suit, S. 4, A. 82, '73.) — In all judicial proceedings 
where, by law, bond and security are required from litigants, 
the State Board of Education shall be dispensed from furnishing 
bond or security; and in all suits in which the State or parish 
board of education may be plaintiffs, defendants, interveuors, 
garnishees, or interested in any manner whatsoever, it shall be 
the duty of the court before whom such suits are pending, on 
the affidavit o.f the attorney representing the State or parish 
board of education, if the case is one of serious public interest 
and in which a speedy decision is desirable, to set the cause for 
trial by preference, and all such cases may also be fixed for trial 
as early as possible on motion or petition of the attorney of the 
State or parish board of education. 

28. (Accepting and Regulating Donations, Act 158, 
'04.) — Section 1. Be it enacted by the General Assembly of 
the State of Louisiana, That the Board of Education for the 
State of Louisiana ; the Board of Directors of the public schools 



40 

of each and every parish of the State, the Parish of Orleans 
included, shall have the power to accept and administer dona- 
tions mortis causa or inter vivos for any educational or literary 
purpose whatsoever, and it shall be lawful for any one to make 
such a donation of any description of property, and to any 
amount to any one or more of such boards. 

29. Sec. 2. Be it further enacted, etc., That the donor shall 
have the rig'ht to prescribe the manner in which the property 
shall be administered, and the objects to which it or any part 
thereof, or the revenues thereof, shall be applied; provided, 
however, that property donated, cannot be made inalienable, but 
the donor thereof shall have the right to prescribe in what 
manner, and under what circumstances, the donees shall be em- 
powered to sell the same, or any portion thereof, or to change 
any investment once made. 

30. Sec. 3. Be it further enacted, etc., That said Board or 
Boards shall administer the property entrusted to them in con- 
formity with the directions contained in the act of donation, 
and shall have all the powers needed in such administration, 
but cannot mortgage nor encumber the donated property, ex- 
cept as may be prescribed in the act of donation. The said 
Board or Boards shall be entitled to no remuneration for their 
services, unless expressly granted in the act of donation. 

31. Sec. 4. Be it further enacted, etc.. That the provisions 
of the laws of this State, relative to substitutions fldei commissa 
and trusts shall not be deemed to apply or affect donations made 
for the purposes and in the manner provided in this act, and all 
laws or parts of laws conflicting with the provisions of this act 
be, and the same are hereby repealed in so far as regards the 
purposes of this act, but not otherwise. 

32. (Reports op State and Parish Boards and Officers, 
S. 1, A. 36, '94.) — -In addition to the biennial reports now re- 
quired by law from State and district boards, the State and 
district officers, or other persons receiving or disbursing State 
or district funds, said boards, officers and persons shall render, 
in writing, to the State Auditor, semi-annual itemized detailed 
reports, which in case of the report of a board or its representa- 
tives, shall be signed by the president and secretary of the board, 
showing the several sums received and from what source, and 



41 

the several sums disbursed and for what purpose ^nd to whom 
paid, the said reports to be made on or before the first days 
of June or December of each year ; and in the event of the fail- 
ure so to do on the part of any board or district officer or other 
person above named, the Auditor shall report the delinquency 
to the Governor within fifteen days after said failure, who shall 
be authorized thereupon, to remove from office the members of 
said board, or district officer or other person as for cause, unless 
it may be made to appear to the satisfaction of the Governor, 
Ihat said failure or delinquency occurred from unavoidable or 
■excusable causes. 

33. (Statements op Accounts by Officers, S. 2, A. 36, 
'94.) — All parish boards and parish officers having in charge 
the reception of. or disbursement of, public funds shall make 
semi-annual itemized, detailed accounts as required above to the 
derk of court of the respective parishes, under the forms, con- 
ditions and penalties enumerated in Section 16 of this act. 

34. (Penalties for Non-Compliance, S. 3, A. 36, '94.) — - 
In case any salaried officer of the State failing to file with the 
Auditor of Public Accounts semi-annual itemized, detailed ac- 
counts, as provided in the sixteenth section of this act the 
Auditor shall, within fifteeu days thereafter, furnish to the 
Treasurer of the State, a certificate to that effect and thereafter 
it shall be illegal for the Auditor to audit any warrant of said 
officer for salary, or the Treasurer to pay the same, until such 
time as the delinquent officer shall have complied with the fore- 
going provisions. 

35. (Duty and Authority op Pakish Boards, Act 49, '08, 
amending and re-enacting S. 8, A. 167, '04, amending and re- 
enacting SS. 2, 8, 9, 19, 35, 44, 47 and 73 of A. 214, '02.) — 
The Board of School Directors in each parish shall elect from 
among its number a president. Each Board shall elect or ap- 
point for a term of four years a parish superintendent who 
shall be ex-officio secretary of the Board, and who shall nom- 
inate all teachers to be employed in the public schools of the 
parish. He shall be a man of high moral character, and a prac- 
tical educator. Before any person may be eligible to appoint- 
ment as parish superintendent he shall hold a certificate of 
eligibility issued by the State Board of Education which eer- 



iificate shall be revocable by the State Board of Education if 
at any time the parish superintendent should be found incom- 
petent, inefficient, or uuAvorthy. When such certificate is re- 
voked the office of parish superintendent by such act is declared 
vacant. Each parish board is authorized to appoint, at its dis- 
cretion, auxiliary visiting trustees for each ward or school dis- 
trict, or school in the parish ; such trustees shall make quar- 
terly reports to the parish board of the actual condition of the 
schools, and shall make needful suggestions in all matters relat- 
ing to the schools they have in charge as trustees. The Parish 
Board of Directors shall report to the State Board of Educa- 
tion all deficiencies in the schools, or neglect of duty on the 
part of teachers, superintendent, or other officer. The members 
of the Parish Board shall visit and examine the schools in the 
several school districts of the parish from time to time, and 
they shall meet and advise with the trustees when occasion 
requires, if auxiliary trustees be appointed by the Parish Board. 
Upon the recommendation of the superintendent the Parish 
Board shall determine the number of schools to be opened, the 
location of the school houses, the number of teachers to be em- 
ployed, and their salaries; and the said School Board is en- 
trusted with seeing that the provisions of the State school laws 
are complied with. Each Parish Board shall make such rules 
and by-laws for its own government, not inconsistent with the 
State school law, as it deems proper. The regular meeting of 
each Parish Board shall be held on. the first Saturday of Jan- 
uaiy, April, July, and October, and it may hold such special or 
adjourned meetings as the Board may determine or as occasion 
may require. Each Parish School Board shall exercise proper 
vigilance in securing for the schools of the parish all funds 
destined for the support of the schools, including the State 
funds apportioned thereto, the poll tax collectible, and all other 
funds. The secretary shall keep a record of all transactions and 
proceedings of the Board. The Parish School Board may re- 
ceive land by purchase or donation for the purpose of erecting 
school houses, proAdde for and secure the erection of the same, 
construct such outbuildings and enclosures as shall be conducive 
to the protection of property and upon the recommendation of 
the parish superintendent make repairs and provide the neces- 
sary furniture, equipment, and apparatus. All contracts for im- 



43 

provements shall be awarded to the lowest responsible bidder, the 
Board reserving the right to reject any and all bids. The Parish 
Board shall have power to recover for any damages that may 
be done to the property in its charge. Upon the recommendation 
of the parish superintendent, the Parish Board may, by a two- 
thirds vote of the whole board, after due notice, change the 
location of the school house, sell or dispose of the old site, and 
use the proceeds thereof towards a new one. 

36. (Removal op Members School Board, S. 6, A. 214, 
'02.) — For incompetency, neglect of duty, or malfeasance in 
office, the Governor may remove a member or members of the 
parish boards of school directors, subject to the ratification of 
the State Board of Education. 

37. (Restrictions on Contracts and Debts, S. 73. A, 81, 
'88.) — That the different boards of directors shall not be em- 
powered to mal^e contracts or debts for any one year greater 
than the amount of revenue provided for according to this act, 
it being the intent thereof that parties contracting with said 
board shall take heed that due revenue shall have been provided 
to satisfy the claim, otherwise they may lose and forfeit the 
same, and no action or execution shall be allowed in aid thereof, 
and that the board shall not exceed their powers in incurring 
the debt. 

38. (Election of Parish School Boards, S. 1, A. 60, '06.) — 
Be it enacted by the General Assembly of the State of Lou- 
isiana, That there shall be elected by the qualified electors of 
each police jury ward of the several parishes in the State a 
member of the Parish School Board for each police member in 
said ward, and in the Parish of Orleans the Parish School Board 
shall consist of seventeen members, being one from each ward in 
said parish, who shall be elected by the qualified voters of each 
ward. That the first election above provided for shall take place 
at the same time as the congressional election in 1908, and every 
four years thereafter. That such members of the Parish School 
Boards as may be elected as above provided for shall hold their 
office for four years, when their successors shall be elected. 

39. (Compensation op School Directors, S. 2, A. 60, 
'06.)- — Be it further enacted, etc., . That the compensation of 
said members of the school board is hereby fixed at three dollars 



44 

for each day that he may be required to attend the meetings 
of the board, and five cents a mile for each mile he may travel 
to and from the meetings of said board. Provided, that in the 
Parish of Orleans no compenstition at all shall be paid any 
member of said board. 

40. (Extending Term of Old Board until. New Board is 
Elected, S. 3, A. 60, '06.)— Be it further enacted, etc., That 
the Parish School Boards as now constituted shall hold their 
office until their successors shall have been elected as provided 
for in Section 1 of this act. 

41. (Three Qualifications for Parish School Director, 
S. 4, A. 60, '06.)— Be it further enacted, etc., That the qualili- 
cations of a person to be a member of a school board under this 
act shall be that he be a qualified elector, able to read and write, 
and own and be assessed in his own name property to the value 
of three hundred dollars. 

42. (Attorney op PxVrish Board, S. 10, A. 214, '02.) — The 
District Attorney of the district or any other attorney selected 
by the board, shall act as counsel for the parish board. 

43. (Establishment ot High and Graded Schools; As- 
sessment OF One Dollar, S. 11, A. 214, '02.) — The parish 
school board shall have authorit}^ to establish graded schools, and 
to adopt such a system in that connection as may be nec\.5sary 
to assure their success ; central or high schools may be estab- 
lished when necessary. The ordinances establishing such schools 
adopted by the parish school boards shall be submitted to the 
State Board of Education, and no high school shall be opened 
without its sanction; and no such school shall be established 
unless the amount be donated for the site, and suitable buildings 
are provided for without any expense out of the school fund; 
provided, that the board of directors of the Parish of Orleans 
shall not require the sanction of the State Board for the pur- 
poses aforesaid. The school boards shall have authority to assess 
and collect one dollar per annum on each family, surviving 
parent or guardian, who actually sends a ehild or children to the 
public schools of the district, to be collected in such manner as 
said board shall determine, which amount shall be used in pro- 
viding the school house with fuel and defraying the necessary 
expenses for the comfort of the school. 



45 

44. (Duties President Parish Board, S. 24, A. 214, '02.) — 
The president of the parish board shall preside at all the m^'et- 
ings of the board, call special meetings when necessary, advise 
with and assist the parish superintendent and directors in pro- 
moting the success of the schools, and generally do and perform 
all other acts and duties pertaining to his office as the president 
of the board. All deeds and contracts for the schools, including 
those with teachers shall be signed by him ; the contracts with 
teachers shall also be signed by the parish superintendent. (See 
decision on president's contracts.) 

45. (Contracts with Sectarian Schools Prohibited, S. 14, 
Act 214, '02.) — The parish boards of directors of the several 
parishes of this State are prohibited from entering into any con- 
tract, agreement, understanding, or combination, tacitly or ex- 
pressly, directly or indirectly, with any church,, monastic or 
other religious order or association of any religious sect or de- 
nomination \^'hatsoever, or with the representatives thereof, for 
the purpose of running any public school or schools of this State, 
together or in connection or in combination with any private 
or parochial school, or other institution of learning which may 
be under the control, authority, supervision, administration or 
management of any church, monastic or other religious order or 
association of any religious sect or denomination whatsoever. 

(ScHOOE Boards Bodies Corporate, S. 7, A. 214, '02. — 

The several school boards are constituted bodies corporate, 

with power to sue and be sued under the name and style of the 

"Parish Board of Directors of the Parish of — ■ ," as the 

case may be. Citations shall be served on the President of the 
Board. 

46. (Division of Parish into Districts, Records, S. 15, A. 
214, '02.) — It shall be the duty of the parish board with the 
parish superintendent to divide the parish into school districts 
of such proper and convenient area and shape as will best accom- 
modate the children of the parish. The parish board shall as 
soon as practicable proceed to the work imposed upon them, and 
upon the completion of this work they shall make a report to 
the parish superintendent, which report shall contain the bound- 
ary and description of said district, designated by number. The 
parish superintendent shall record the same in a well-bound 



46 

book kept by him for the purpose, which book shall be held by 
the parish superintendent, and be at all times open to inspec- 
tion. Parish boards, if they deem it to the best interest of the 
schools, may divide the parish into districts without reference to 
the wards in the parish. 

47. (School Districts in Two Adjoining Parishes; How 
Laid Off, S. 16, A. 214, '02.) — The parish superintendents of 
two adjoining parishes, where the division line intersects a neigh- 
borhood whose convenience requires it, may lay off a district 
composed of parts of both of the parishes. Such districts shall 
be reported by the superintendent, together with a census of tho 
school children only as belonging to the parish in which the 
school house may be situated, and reports shall be made by the 
assessor and parish superintendent as though the district lay 
entirely in the parish. 

48. (Option Which District School Children Shall At- 
tend, S. 17, A. 214, '02.) — Where two school districts adjoin, 
it shall be lawful for the children in either of said districts to 
be taught in and at such school house as shall be most conve- 
nient to them; provided, that the tuition fee shall be paid to 
the district in which they are taught, and that no change be 
made without the consent of the school boards of the respective 
parishes. 

49. (Enumeration of Educable Youth, S. 1, A. 129, '9S.) — 
The assessors of all the parishes of the State, including the 
Board of Assessors of the Parish of Orleans, shall make an enu- 
meration of all educable children of the State before July 1st, 
1899, and every four years thereafter. 

50. (Assessor's Enumeration, S. 2, A, 129, '98, amended 
by Act 48, '08.) — It shall be the duty of the Assessors and the 
Board of Assessors of the Parish of Orleans to make a correct 
enumeration by giving the name of the educable children, be- 
tween the ages of six and eighteen years in the respective par- 
ishes and wards by race and sex. 

This list of educable children shall be made in triplicate form 
and written in ink. One list shall be furnished to the Auditor 
of Public Accounts, one list to the State Board of Education, 
and one list to the Board of School Directors of the parish in 



47 

which the enumeration is made. The said Assessors of the par- 
ishes shall also make a separate correct enumeration of the blind 
and deaf and dumb children between the ages of six and eighteen 
years in their respective parishes by wards, giving the name, 
race and sex of said children, and shall furnish to the State 
Board of Education one separate list of said blind children and 
one separate list of said deaf and dumb children. 

It shall be the duty of the Assessors and the Board of As- 
sessors of the Parish of Orleans to swear to the correctness of 
said lists before a competent officer, who shall attach a certificate 
thereof on each list before filing them. 

51. (Assessor's Pay for Enumeration, S. 3, A. 129, '98.) — 
The Parish Board of School Directors shall pay the Assessors 
four cents for the enumeration of each educable child in their 
respective parishes on the approval of the work of enumeration 
by the State Board of Education, which shall be signified to 
the Parish Boards by the Secretary of State Board under seal. 
In the event the State Board of Education for any cause deems 
the enumeration made incorrect or improperly made out, it 
shall have the power and authority to order a new enumeration 
in the parishes where the inaccuracies are found, without extra 
compensation. 

52. (Assessor's Blanks to be Furnished by Auditor, S. 4, 
A. 129, '98.)— It shall be the duty of the Auditor of Public 
Accounts to furnish blank forms ruled to set forth the required 
names of the educable children by wards, with the race, sex and 
age of the children, to the Assessors and the Board of the Par- 
ish of Orleans. 

53. (Penalty for Neglect, S. 5, A. 29, '98.) — In case of 
willful negligence and refusal to comply with the provisions of 
this act, the Governor shall have the power and authority to 
remove any assessor or member of the Board of Assessors from 
office for such refusal or negligence. 

54. (Oath and Bond Required, Act 19 of 1878.) — Section 
1. That all State, district and parochial officers of this State, 
whether elected or appointed, shall be required, within thirty 
days after the receipt of their commission, to take the oath of 
office prescribed by law, and give bond, where bond is required. 



and cause the same to be filed in the proper office in the manner 
required by law. 

55. Sec. 2. That the failure of any offieer to comply with the 
requirements of Section 1 of this act, within the limitations 
therein fixed, shall operate a vacation of such office and the 
Governor shall proceed to fill said office by appointment, as in 
other cases of vacancy. 

56. Sec. 3. That any officer of this State, whether State, dis- 
trict or parochial, who has heretofore been elected or appointed 
to office, and who has failed to take the oath required by law, 
and to give bond, where bond is required, in accordance with, 
existing laws, within thirty days from the date of the promulga- 
tion of this act, and a failure to comply with these requirements, 
Avithin the limitation fixed, shall operate a vacation of such 
office, and the Governor shall fill the same by appointment, as in 
other cases of vacancy, 

57. (Assessor's Fee foe Assessing School Taxes, S. 1, A. 
213, '08.) — The tax assessors of each parish of the State 

shall receive as an annual compensation 

for his labors, services and duties four per cent (4 per cent) 
of the first fifty thousand dollars ($50,000.00) aggregate amount 
of all State, parish and poll taxes assessed, and two per cent 
(2 per cent) on any excess over fifty thousand dollars ($50,- 
000.00) ; provided that nothing herein shall be so construed as to 
allow assessors more than two pc'r cent on special school taxes, 
and for his services, duties or labors in assessing or extending on 
the rolls any and all levee taxes the sum of one hundred dollars 
($100), except where the parish for which the assessor is elected 
lies in more than one levee district, in which case he shall re- 
ceive the sum of two per cent (2 per cent) on the aggregate- 
amount of such taxes; provided no assessor shall receive less 
than four hundred dollars ($400) in any parish for each annual 
assessment of State, parish, poll and all levee taxes. That the 
payment of this compensation shall be distributed between the 
State, parish, school boards, cities and towns and other taxiner 
district or division in proportion to the amount received by each. 

58. (Powers of the District Board in Expropriations, S. 
1492, R. S.)— When land shall be required for the erection of a. 



49 

school house or for enlarging a school house lot, and the owner 
refuses to sell the same for a reasonable compensation, the Dis- 
trict Board of School Directors shall have the power to select 
and possess such sites embracing space sufficiently extensive to 
answer the purpose of school house and ground. 

59. (Expropriation op Property for Public Schools-. For 
School House Sites, Act 208 of 1906, amending and re-enact- 
ing Act 227 of 1902.) — Whenever the State or any political 
corporation of the same, created for the purpose of exercising 
any portion of the governmental powers, in the same, or the 
board of administrators or directors of any charity hospital, or 
any board of school directors thereof, or any corporation con- 
stituted under the laws of this State for the construction of 
railroads, plank roads, turnpike roads, or canals for navigation, 
or for the construction or operation of water works or sewerage 
to supply the public with water and sewerage, (or for the piping 
and marketing of natural gas for the purpose of supplying the 
public with natural gas,) or for the purpose of transmitting in- 
telligence by magnetic telegraph, cannot agree with the owner of 
the land which may be wanted for its purchase, it shall be lawful 
for such State, corporation, board of administrators, directors. 
or person to apply by petition to the district court, in which the 
same may be situated, or if it extends into two districts, to the 
judge of the district court, in which the owner resides, and if the 
owner does not reside in either district, to either of the district 
courts, describing the land necessary for the purposes, with a 
plan of the same, and a statement of the improvement thereon, 
if any, and the name of the owner thereof, if known at present 
in the State, with a prayer that the land be adjudged to such 
State, corporation, board of administrators or directors upon 
payment to the owner of all such damages as he may sustain in 
consequence of the expropriation of said land for such public 
works; all claims for lands or damages to the owner caused by- 
its taking or expropriation for such public work shall be barred! 
by two (2) years' prescription which shall commence to rum 
from the date at which the land was actually occupied and used 
for the construction of the works. 

Section 2. Be it further enacted, etc., That all the existing 
laws for the forms and processes of expropriation of property 



50 

shall be applicable to the said act and section thus amended and 
re-enacted. 

60. (Relative to the Value op the Grounds, S. 1493, R, 
S.) — Should such land holder deem the sum assessed too small, 
he shall have the right to institute suit before any proper judi- 
cial tribunal for his claim ; but the title shall pass from him to 
the school corporation. 

61. (Penalty for Non-Peepormance op Duty, S. 1300, R. 
S.)— A failure on the part of any district, parish or State offi- 
cer to perform the duty imposed upon him by any section of 
this act, under the title, "Education," and in the manner herein 
specified, is hereby declared a misdemeanor in office. Upon con- 
viction thereof, such officer shall be punished by a fine not less 
than fifty, and not exceeding one hundred dollars, and by im- 
prisonment in the parish prison for a term of not less than thirty 
days, and not exceeding three months. All prosecutions for of- 
fenses against this section shall have precedence over all cases 
before any justice of the peace, parish or district court. 

62. (Office, Records, Vacancy, S. 26, A. 214, '02.)— A suit- 
able office shall be provided for the State Superintendent of Pub- 
lic Education at the seat of government, in which he shall file, 
each year separately, all papers, reports and public documents 
transmitted to him by the board and officers whose duty it is to 
report to him, and hold the same in readiness to be examined 
by the Governor whenever he sees proper, and by any committee 
appointed by the General Assembly; and he shall cause to be 
kept a record of all matters appertaining to his office. In case of 
vacancy in the office of Superintendent of Public Education, 
the Governor shall fill the vacancy and submit the name of the 
appointee to the Senate for its confirmation at the first session 
held after the appointment. 

62 -a- (Salaries, Office Expenses, Clerk, Porter, S. 27, 
A. 214, '02.) — The salary of the Superintendent of Public Edu- 
cation shall be two thousand dollars per annum, besides which 
lie shall be entitled to office fixtures, stationery, books, fuel and 
lights and everything needed to carry on the work of his office. 
He shall have authority to appoint a clerk and a porter, and pre- 
scribe the duties of each; provided, that the entire expenses of 
his office, including salaries, postage and incidentals, shall not ex- 



51 

eeed the specified appropriation therefor, payable in monthly 
installments, ont of the current school fund, by the Treasurer of 
the State, upon warrants of the State Superintendent. 

63, (Duties and Authority of the State Superintendent, 
S. 28, A. 214, '02.)— The State Superintendent of Public Educa- 
tion shall have general supervision of all parish school boards in 
the parishes, and of all common, high and normal schools of the 
State, and shall see that the school system of the State is carried 
properly into effect. He shall be ex-ofS,cio a member of the 
board of supervisors of the State University and Agricultural 
and Mechanical College, the State Normal School, the State In- 
dustrial School at Ruston, the State Industrial School at Lafay- 
ette, the Institute for the Deaf and Dumb, the State Institute for 
the Blind, the Southern University, and of all other institutions 
of learning under the control of the State or aided in whole or 
in part by the State. 

He shall visit all the parishes of the State as often as prac- 
ticable, and shall give due notice of the time of his visit to the 
parish superintendent, whose duty it shall be to meet and confer 
with the State Superintendent on all matters connected with the 
interests of the public schools of the parish. His expenses in- 
curred in the discharge of his duty shall be paid out of the 
current school fund, but shall not exceed the amount appro- 
priated per annum for the purpose. 

64. Note. — By Act 163 of 1900, the State Superintendent is a mem- 
ber of the Board of Control of the State Biologic Station. 

65. (Accounts Kept by State Superintendent, S. 29, A. 
214, '02.) — He shall keep an account of all orders drawn or 
countersigned by him on the Auditor, of all returns of settle- 
ments, and make note of all changes, in the appointment of school 
treasurers; whenever required any part of this account or note 
of change shall be furnished by the Auditor. 

66. (Biennial Report, S. 30, A. 214, '02.)— He shall bien- 
nially on or before the meeting of the General Assembly, make a 
report of the condition and progress made and possible improve- 
ments to be made in the public schools; the amount and condi- 
tion of the school funds ; how its revenues during the two pre- 
vious school years have been distributed; the amount collected 



52 

and disbursed for public school purposes from local taxation, or 
from any other source of revenue, and how the same was ex- 
pended. 

This report shall contain an abstract of the parish and city 
superintendent's report. He shall communicate all facts, statis- 
tics and information as are of interest to the public schools. He 
shall cause to be printed a sufficient number of copies for dis- 
tribution among the members of the General Assembly, the State 
officials, parish school boards, public libraries, and superintend- 
ents of other States and Territories, and to meet all exchanges of 
educational reports. 

67. (Suggestions to be Contained in Reports, S. 31, A, 214, 
'02.) — The Superintendent in his report shall set forth the ob- 
jects, and make suggestions which may be of interest and pro- 
mote the success of all the institutions of learning under his. 
supervision. The superintendents of these institutions shall an- 
nually, by the first day of March, furnish the State Superin- 
tendent of Public Education such statements of their respective 
institutions as may be necessary to enable him to make a full 
and satisfactory report. 

68. (Copies of Superintendent's Records Admissible in 
Evidence, S. 32, A. 214, '02.) — Certified copies of records and 
papers in his office shall in all cases be evidence as admissible as 
the original. He is authorized to make copies, when requested by 
any person so to do, of any papers deposited or filed in his office, 
and of any act or decision made by him, and certify the same, 
and he may demand therefor payment at the rate of twenty-five 
cents per one hundred words. 

69. (Reports in Certain Cases; Conventions, S. 33, A. 
214, '02.) — It is made the duty of the State Superintendent of 
Public Education to report to the State Board of Education all 
neglect of duty or any improper uses made of school funds when- 
ever it may come to his knowledge. He shall hold annually, 
conventions in the several institute districts, selecting the most 
convenient and accessible points, for the purpose of consultation, 
advice and instruction with parish superintendents in regard to- 
supervision and management of the public sebools. 



53 

70. * (Decisions and Appeals, S. 34, A. 214, 02.)— The State 
Superintendent shall decide all controversies or disputes that 
may arise or exist among the directors, or between the superin- 
tendents and the boards, and between the superintendents and 
teachers concerning their respective rights and duties. The facts 
of these controversies or disputes shall be made known to him 
by written statement by the parties thereto, verified by oath or 
affirmation, if required, and accompanied by certified copies of 
all necessary minutes, contracts, orders, or other documents. An 
appeal may be taken from his decision to the State Board of 
Education, provided it be taken within fifteen days after his 
decision shall have been made. The Attorney G-eneral, when 
called upon by the Superintendent of Public Education, shall 
give his opinion in regard to any controversy or dispute. The 
Superintendent of Public Education shall, whenever required, 
give advice, explanations, constructions, or information to the 
district officers and superintendents, and to citizens relative to 
the public school law, the duties of public school officers, the 
rights and duties of parents, guardians, pupils, and all officers, 
the management of the schools, and all other questions calculated 
to promote the cause of education. He shall perform all other 
duties imposed upon Mm by law. 

71. (Model Schools, Etc., S. 1303, R. S.)— The State Su- 
perintendent shall prescribe the course of study and supervise 
the general curriculum in every particular not provided for in 
this law. He shall make provision for model, primary and 
grammar schools, under permanent and highly qualified teachers, 
in which the student of the normal school shall have opportunity 
to practice in the art of teaching. 

The salary of the teachers of the model and experimental 
schools shall be paid from the tuition fees derived from the 
pupils of said model school, and those of the normal school who 

♦Section 34. This department will gladly assist in every way in se- 
curing uniform and satisfactory administration of school affairs. The 
custom of answering proper inquiries from school officers, teachers or 
others, touching constructions and applications of school laws, will con- 
tinue. All correspondence of this kind is filed here for preservation, 
letter-press copies being taken for that purpose. It is obvious that we 
cannot comply with requests for the return of letters of inquiries wtih 
our replies. 

In appealing to the State Superintendent copies of the charges veri- 
fied by oath should be furnished the officers or persons complained 
against that they may answer for themselves. 



54 

pay for their tuition ; and any balance that may be required shall 
be paid by the State Board of Education out of the public school 
fund. 

72. (Appoint Attorneys in Certain Cases, S. 7, A. 122, 
'74.) — The Superintendent of Public Education may appoint a 
person of legal attainments in each school division (parish) of 
the State, to examine notes due and other assets arising out of 
purchase of lands granted to educational purposes; to recover 
lands improperly held and revenues diverted, and generally pro- 
tect the school interest in matters appertaining thereto. He 
(the attorney) shall be paid a commission on moneys recovered, 
not exceeding ten per cent, and on the value of lands and other 
property recovered, not exceeding five per cent. 

73. (Pupils' Eyes to be Tested, A. 292, '08.)— Sec- 
tion 1. Be it enacted by the General Assembly of the 
State of Louisiana, That the State Board of Health and Super- 
intendent of Education shall prepare or cause to be prepared, 
suitable test cards, blanks and record books, and all other neces- 
sary appliances to be used in testing the sight and hearing of 
pupils in the public schools of the State, together with the 
necessary instructions for the use of same ; and the superintend- 
ent of Education shall furnish said test cards, record books, 
blanks and appliances together with the necessary instructions 
for the use to every public school in the State. 

74. Section 2. The Superintendent, Principal, or teacher in 
every school, during the month of September or during the 
first month of school, or within thirty days after the 
admission of any pupils entering the school late in the 
session, shall in each year, test the sight and hearing of 
each and all pupils under his or her charge, and shall keep a 
record of such examination according to the instructions fur- 
nished, and shall notify in writing the parent, tutor, tutrix or 
guardian of every pupil who shall be found to have any defect 
of sight or hearing or any disear.e of eyes or ears of such defect; 
and shall make a written report of all such examinations to 
the State Superintendent of Education. 

75. (Parish Superintendent Ex-Oppicio Secretary; Sal- 
ary, S. 35, A. 167, '04.) — The parish school superintendent shall 
be ex-oflicio secretary of the parish school board in each parish of 



55 

the State, the Parish of Orleans excepted ; his salary shall be 
fixed by the parish school board, provided, that in no case shall 
it be less than six hundred dollars ($600.00) per annum. 

76. (Visits to be Made, S. 36, A. 214, '02.)— He shall during 
the year visit once, at least, each school district in the parish, 
and he shall exert his best endeavors in promoting the cause of 
common school education. To this end he shall faithfully carry 
out the requirements of the State school law and the rules and 
regulations made for the schools by the State Board of Educa- 
tion. 

77. (Committee for Examination op Teachers, S. 37, A. 
214, '02.) — The board of school directors shall elect two persons 
either members or not members of the board at their discretion, 
who shall assist the parish superintendent in examining all appli- 
cants for certificates of qualification to teach in the public schools 
of the parish; these examiners shall mark all answer papers, 
tabulate the result and present the same to the parish board, 
which board shall select and appoint teachers for the schools of 
the parish in accordance with the provisions of the law. This 
shall be done at a special meeting of the board called for the 
purpose, when necessary, and all elections of teachers shall be 
carefully entered in the minutes of the proceedings. The an- 
swer papers of all persons examined shall be kept for one year 
in the office of the parish superintendent subject to the inspec- 
tion of the persons examined, or persons specially authorized by- 
them. 

78. (Annual Eeport of Parish Superintendent, S. 38, A. 
214, '02.) — It shall be the duty of each parish superintendent, 
on or before the tenth day of January, of each year, to cause to 
be placed in the hands of the State Superintendent of Public 
Education the official report of his parish schools for the pre- 
vious year, showing in tables an aggregate of the school dis- 
tricts in his parish, the districts in which the schools are taught, 
and the length of time taught, the number of children at school,, 
the cost of tuition of each child per month and for the session, 
the number of private schools, colleges, and academies taught in 
the parish, and the length of the session of the same ; the num- 
ber of teachers employed, male, female, white and colored, the 
average wages of male teachers, female teachers, the amount of 



56 

money raised for school purposes in the parish by local taxation 
or otiierwise, and for what purpose it was disbursed ; the number 
and kind of school houses, the actual or approximate value of 
each, the number built during the year preceding the report, 
the number of school libraries and the number of volumes in 
each and the increase during the year, and the amount received 
and expended for them. In case of his neglect or failure to make 
this report in the time required he shall forfeit and pay the sum 
of ten dollars per week, or fraction of a week, for the full time 
of his delinquency; said amount to be collected by the parish 
board for the benefit of the institute fund of the State. 

80. (Custody of Records, Papers and Documents, S. 39, 
A. 214, '02.) — Each parish superintendent shall keep a record of 
all business transacted by him as parish superintendent, the 
names, numbers and description of school districts ; the tabula- 
tion of the reports of school principals made monthly to him 
by the principals of the schools of his parish; and all other 
papers, books and documents of value connected with his office; 
and these shall be at all times subject to inspection and examina- 
tion by the State Superintendent of Public Education, or by any 
school officer or other person interested in any question pertain- 
ing to the public schools. In addition to his annual report to 
the State Superintendent of Public Education hereinbefore pro- 
vided for, and which shall be made in accordance with instruc- 
tions of the State Superintendent, he shall furnish to the De- 
partment of Education such narrative, and such information as 
the State Superintendent may from time to time require of him. 

81. (Oaths Superintendents May Administer, S. 40, A. 
214, '02.) — The parish superintendent may administer the oath 
required of any of the officials of the common schools, or of 
any person required to make oath in any matter relating thereto, 
except to qualify directors. 

82. (Office Days, S. 41, A. 214, '02.)— He shall attend at 
his office, at the parish seat, on the first Saturday of January, 
April, July and October, in each year, and at such other times 
as may be necessary for him to receive the reports of teachers 
and others, and to transact the business required of him. 

83. (Make Quarterly Reports to Parish School Boards, 
S. 42, A. 214, '02.) — The parish superintendent shall make quar- 



57 

terly reports to the parish board of directors upon the condition 
•of the schools under his supervision. 

84. (Superintendent as Secretary to Keep Minutes op 
All Proceedings, S. 25, A. 214, '02.) — The secretary shall keep 
full minutes of all proceedings of the board in a book provided 
•for the purpose, and shall do and perforin all other acts and 
■duties legally pertaining to the office of the secretary of the 
board. 

85. (Register and Monthly Report, S. 60, A. 214, '02.) — 
Be it further enacted, etc.. That it shall be the duty of parish 
superintendents and teachers of the public schools of the State 
to keep such school records as shall be prescribed by the State 
■Superintendent of Public Education. Prior to receiving his or 
her monthly salary at the end of each month, each principal of 
a school shall make to the parish superintendent a report of 
the entire number of pupils enrolled, the number of pupils in 
^a,ttendanee during the month, the books used, the branches 
taught, the number of pay pupils, and such other information 
as the parish superintendent may deem important. If any prin- 
cipal willfully neglects or fails to do this, the parish superintend- 
ent shall withhold two dollars of the salary due for the benefit 
of the State Institute Fund. 

. 86. (Superintendent of Schools Made Treasurer op 
School Funds, S. 1, A. 232, '08.) — Be it enacted by the Gen- 
eral Assembly of the State of Louisiana, That Sec. 65 of Act 
No. 214 of 1902, be amended and re-enacted so as to read as 
follows : 

Section 65. That the Superintendent of Public Schools in 
«very parish (Parish of Orleans excepted) shall be constituted 
the treasurer of all school funds apportioned by the State to 
^uch parish, or raised, collected, or donated therein for the sup- 
port of the free public schools; he shall receipt for all such 
funds to the Treasurer of the State and to the collector of par- 
ish taxes. 

That the said Superintendent of Schools made treasurer of 
school funds under the provisions of this Act, shall give bond in 
such sums as may be required by the school board of the parish ; 
provided that said bond shall not be less than the greatest amount 



58 

iu the hands of the treasurer during the previous year at any 
one time, and the school boards of the several parishes shall pay 
the premium of said bond. 

That the said Superintendent of Public Schools shall receive 
no compensation whatever for his services as school treasurer. 
The said treasurer shall deposit the school funds in such bank or 
banks as may be designated by the parisli school board under the 
provisions of Act No. 23 of the special session of the General 
Assembly of 1907. 

87. (Duties; Transfer of Funds; Books; Etc., S. 67, A. 
214, '02.) — Said Treasurer immediately upon the acceptance of 
his bond, shall demand of his predecessor in the office of treas- 
urer of the school funds, custody of all books and papers, and of 
all balances of school moneys in his hands as custodian of the 
school funds of the parish. 

88. (How Funds Shall be Disbursed, S. 68, A. 214, '02.) — 
Said treasurer shall pay out the school funds entrusted to his 
charge only on the warrant drawn by the president and coun- 
tersigned by the secretary of the parish school board, and shall 
state against what school district it is drawn, which warrant 
shall be drawn by these ofP.eers only in virtue of appropriations 
regularly made by the parish board ; the parish board shall make 
annually an estimate of the amount of revenue for the year^ 
appropriating the same as above required, and no warrant be- 
yond the amount estimated shall be drawn for any year. These 
warrants shall be numbered and shall specify on their face to 
whom and for what they are given, and the date of the appro- 
priation made by the school board ; the treasurer shall pay these 
warrants only to the extent of the amount to the credit on his 
books and in the order in which they are presented, of school dis- 
tricts in behalf of which the warrants shall have been drawn, and 
said warrants shall be filed in his office as vouchers, and with the 
account kept by him as treasurer of the school fund, shall always 
be subject to examination by any one who chooses to examine 
them. 

89. (Treasurer's Keport to State Superintendent, S. 70, 
A. 214, '02.) — It shall be the duty of the parish school treasurers 
to furnish to the parish boards, and to the State Superintendent 



59 

of Public Education, quarterly reports of his receipts and dis- 
bursements; and before the tenth day of January annually he 
shall forward to the State Superintendent of Public Education, 
in such form as the latter shall prescribe, a full report of his 
receipts and disbursements for the year, and of the balance on 
hand to the credit of each ward or school district, and the indebt- 
edness outstanding on the first day of January; the latter pro- 
vision regarding the annual report shall apply to the treasurer 
of the school board for the Parish of Orleans, as well as to the 
other school treasurers of the State. 

90. (Parish Treasurer's Duty in the Collectio'n' op 
Notes, S. 2, A. 57, '84.) — It shall be the duty of the treasurer 
of the parish school board, on receipt of the notes due and given 
for the said sixteenth sections, to immediately notify the prin- 
cipal and his sureties, in writing, of the amount of said note, 
principal and interest, due and unpaid ; provided, said lands for 
which said notes were given are still in possession of the original 
purchaser, and if in the possession of other parties, such pos- 
sessor shall also be likewise notified of all the deniands. principal 
and interest, against said lands, and if all the demands against 
the same be not satisfied within thirty days from said notice, it 
shall be the duty of the treasurer of the parish school board to 
turn over said notes to the district attorney for said district, or 
other attorney selected by the school board, for suit; and, pro- 
vided further, that said notice shall serve as a bar to prescrip- 
tion, which shall only begin to run from the service of said notice. 

91. (Attorney's Duties, S. 3, A. 57, '84.) — It shall be the 
duty of the said attorney to proceed without delay, by all neces- 
sary legal processes, and without depositing clerk's or sheriff's 
costs, or giving security therefor, to collect all such notes as may 
be turned over to him by said treasurer of the Parish School 
Board, and given for sixteenth sections, known as free school 
lands, and if any of the conservatory writs should be found to 
be necessary in order to aid in said collection, it shall be lawful 
to issue the same, without giving bond as required in other cases. 

92. (Attorney's Compensation, S. 4, A. 57, '84.)— The said 
attorney shall receive ten per cent of all money collected by 
him on notes given for sixteenth sections, and after deducting 
said ten per cent he shall turn over the remainder to the treasurer 



60 

•of the school funds for the parish in which said lands are situ- 
ated, and the same shall be transmitted through the Auditor of 
Public Accounts, by said treasurer, to the State Treasurer ; and 
any moneys thus received into the State Treasury from said col- 
lections shall bear interest at the rate of four per cent per an- 
num, and be credited to the township to which the same belongs, 
according to the provisions of the Act of Congress. 

93. (Fees of Tax Collector, SS. 1, 2, A. 181, '08.) — 
That for all services, labors and duties performed by 
€ach Sheriff and ex-officio Tax Collector throughout the State 
of Louisiana as Tax Collector, Parish of Orleans excepted, he 
shall be paid five percentum on the first seventy-five thousand 
dollars, aggregate amount of all State, Parish, District, Poll, and 
other taxes and licenses, collected by him and actually paid by 
him into the State and Parish Treasury or to the authority des- 
ignated by law to receive the same ; and two percentum on the 
next forty-five thousand dollars, and one per cent on all amounts 
over one hundred and twenty thousand dollars, provided that 
no Sheriff and ex-officio. Tax Collector shall receive for the col- 
lection of all taxes more than eight thousand dollars per annum, 
provided further that no Sheriff and ex-officio Tax Collector shall 
receive any compensation for the collection of special school taxes 
except in parishes where the total amount of State, Parish, Levee 
and Poll taxes and licenses collected do not amount to $50,000. 
Be it further provided that in parishes where the collection of 
State, Parish, Levee and Poll taxes and licenses do not amount 
to $50,000 the Sheriff and ex-officio Tax Collector shall receive 
five per cent, on amount collected and actually paid into the 
State and Parish Treasury or to the authority designated to 
receive the same. 

The payment of the compensation herein provided for the 
Sheriff' and ex-officio Tax Collector for the collection of Taxes 
and Licenses shall be distributed between the State, Parish, 
School Board and other taxing districts or divisions and licenses 
in proportion to the amount of taxes and licenses received by 
each. 

94. (Summer Normal Schools, S. 43, A. 21'4, '02.) — Be 
it furttier enacted, etc., That whereas a majority of the public 



61 

school teachers of the State have not had the advantage of pro- 
fessional training, and whereas the State should make an effort 
to put this training within the reach of those teachers who by 
reason of their age, their family ties and other obstacles, cannot 
pursue the full course of the State Normal School, there shall 
be established and maintained by the State Institute Fund, in . 
conjunction with the Peabody Institute Fund, Sumer Normal 
Schools in the State, with sessions of not less than four weeks. 

95. (Special One Week Institutes; Attendance; Pay- 
Excuse for N on- Attendance, S. 44, A. 167, '04.) — Other insti- 
tutes may be held when ordered by the State Board of Education 
or under special laws ordering such institutes to be held. Every 
teacher of a common school must attend the sessions upon pen- 
alty for non-attendance if satisfactory excuse has not been ren- 
dered to the parish superintendent, of forfeiting two days' pay. 
There shall be a vacation of the common schools of the parishes,, 
to give opportunities to the teachers to attend ; and no reduction 
of the teacher's salary shall be made during said vacation, pro- 
vided he or she was in attendance the full time of the session of 
the institute. These institutes, held under this section, shall, as 
far as possible, be held in some town centrally located, and 
teachers from as many parishes as can conveniently attend shall 
be notified to attend. This notice they shall obey, under the 
penalty before mentioned. 

96. (Board op State Institute Managers and Institute 
Conductors, S. 45, A. 214, '02.) — The State Superintendent of 
Public Education and the President of the State Normal School 
shall be a Board of State Institute Managers, and in their dis- 
cretion shall select an experienced institute conductor who shall 
have general charge of the summer normal work, and whose 
services shall be paid for out of the institute fund in such man- 
ner as shall be agreed upon by the State Superintendent of 
Public Education and the principal of the State Normal School. 

97. (Certificates Issued; Preference to Holders of 
Same, S. 46, A. 214, '02.) — The managers of the summer normal 
schools shall issue certificates of attendance to every teacher 
present during the whole of their sessions, and the parish boards 
of school directors- shall give preference, other things being equal, 



62 

to the holders of said certificates in the selection of teachers for 
the public schools. 

98. (Institute Conductor's Report, S. 47, A. 167, '04.) — 
The conductors of the State Institute shall make a full report 
of their work giving the names of the teachers in attendance, 
with a detailed account of all institute funds received and dis- 
bursed, to the State Superintendent of Public Education for 
publication in his biennial report to the General Assembly and 
to the Board of the Peabody Education Fund. 

99. (Monthly Institutes; Date, S. 34, A. 81, '88.)— The 
parish superintendent may devote the first Saturday of each 
month, during the time the common schools are in session in the 
parish, to holding institutes for the improvement of teachers in 
their qualifications and methods of teaching, and for the discus- 
sion of topics pertaining to the advancement of the public school 
interest in the parish. 

100. (Attendance Obligatory, S. 35, A. 81, '88.)— The 
teachers shall be notified of the time and place of the monthly 
institute meeting. Teachers failing to be present, or to take such 
part in the exercises as the superintendent may assign or desig- 
nate, shall forfeit one day's salarj^ (which forfeited salary shall 
be paid to the parish institute fund) unless a good and sufficient 
reason for such failure to attend shall be given in writing to the 
parish superintendent within ten days thereafter. No teacher 
shall be bound to attend the institute who, to do so, shall have 
to travel a greater distance than ten miles each way, and other- 
wise than by land. 

101. (Length op Session-, Penalty por Superintendent's 
Absence, S. 36, A. 81, '88.) — Three hours' work shall be re- 
quired to constitute a legal session of one institute, and the parish 
superintendent shall forfeit five dollars for each institute that he 
fails to conduct as required by this Act, unless physically unable 
to attend, or for other sufficient excuse, to the satisfaction of the 
school board. 

102. (Members May be Active or Honorary, S. 37, A. 81, 
'88.) — These institutes may receive as members, honorary or act- 
ive, the members of the board, all officers, and any citizen of 
good moral character as may desire to become a member, subject 



63 

to the rules and regulations, and to the payment of such dues 
and fines as may be imposed by a quorum of the said institutes. 

103. (Roll of IVIembers, S. 38, A. 81, '88.) — Each parish 
superintendent, upon the assembling of the teachers' institute of 
his parish shall cause a roll of the members to be prepared, 
which roll shall be called at least twice a day during the session 
of the institute, and all absentees shall be carefully marked. He 
shall ascertain the number of teachers who were in attendance, 
and length of time each attended, and shall keep a record 
thereof. 

104. (Institute Managers, S. 39, A. 81, '88.) — Each parish 
superintendent before the beginning of the free school term, 
shall appoint one of the best qualified teachers of his parish as 
institute manager for each institute district, should there be 
more than one institute district in the parish; and such ap- 
pointees shall each be paid for actual services two dollars and a 
half per day out of the institute fund as compensation for hold- 
ing institutes, and for assisting the superintendent during the 
session. 

105. (Institute Fund, S. 40, A. 81, '88.)— All institute 
funds shall be collected and receipted for by the superintendent. 
He shall have a record of the amount received, hand them over 
to the treasurer of the school board, who shall keep a separate 
account of these funds. He shall pay them out on the warrant 
of the superintendent, countersigned by the president of the 
school board. Thesa funds shall be expended only in the interest 
of the institutes. The superintendent, for all services in con- 
nection with these institutes, shall be paid three dollars a day 
out of said fund for each day he will cause the said institute 
to hold under his personal superintendence, and for each day's 
attendance as provided for in section thirty-four (34). 

Note. — (This does not apply to the dollar solicited for teachers' ex- 
amination fee for which is to be sent to State Superintendent of Educa- 
tion as per Sec. 49, Act 167. '04.) 

106. (Institute Not Applicable to Orleans Parish, S. 41, 
. A. 81, '88.) — The foregoing sections having reference to parish 

institutes shall not apply to the Parish of Orleans, but the 
school board of said parish may inaugurate and carry on such 



64 

institutes in the manner and with the power and authority set 
forth above. 

107, (Parish Superintendent's Reports Respecting Insti- 
tutes, S. 43, A, 81, '88.) — The parish superintendent, in his 
annual report to the State Superintendent, shall state the time 
and place teachers' institutes were held; the names of the per- 
sons conducting- the same ; the number of persons conducting the 
same ; the number of persons registered as in attendance ; the 
sums collected; the number and names of teachers of common 
schools in the parish who did not attend the institute, and such 
other information of the proceedings and results of the institute 
as he may deem of value and interest. 

108. (Public School Officials and Teachers May Not 
BE Agents for School Supplies, Act 287, '08.) — Section 1. 
Be it enacted by the General Assembly of the State 
of Louisiana, That it shall not be lawful for any school 
official or teacher while employed in the public school to act as 
agent for, or receive gifts, rebates, commissions or fees, directly 
or indirectly from individuals or companies that manufacture 
handle or sell in the State of Louisiana any kind of school books, 
school supplies, school furniture, or school building materials. 

Section 2. Be it further enacted, etc., That any school official 
or teacher employed in public schools who shall violate the pro- 
visions of this Act shall be deemed guilty of a misdemeanor and 
upon conviction shall ipso facto forfeit his position and the 
proper authorities upon notice of such con-\fiction shall at once 
proceed to fill said position so vacated and said official or teacher 
shall be sentenced by the court to pay a fine of not less than 
twenty-five dollars nor more than two hundred dollars, or be im- 
prisoned for not exceeding ninety days, or both such fine and 
imprisonment at the discretion of the court. 

108-a- (Bird Day Established, S. 14, A. 198, '06.) -Sec- 
tion 14. Be it further enacted, etc., That the State and Parish 
Boards of Public Education are directed to provide for the cele- 
bration, by all public schools, of "Bird Day," on May fifth of 
each year, being the anniversary^ of the birth of John James; 
Audubon, the distinguished son of Louisiana. 



65 

On the recurring anniversary days, suitable exercises are to 
be engaged in, and lessons on the economic and esthetic value of 
the resident and migratory birds of the State are to be taught, 
by the teachers, to their pupils. 

109. (Teachers' Examinations; Time, S. 48, A. 214, '02.) — 
Examinations of applicants for certificates of qualifications to 
teach in the public schools of the State shall be held on dates 
designated by the State Board of Public Education. 

110. (Examiners: Oath; Duties and Penalties for Non- 
Performance, S. 50, A. 214, '02. — Before the examiners shall 
commence their examination of applicants, they shall take an 
oath that they will faithfully discharge their duties. They 
shall not give to any person a certificate before examining the 
candidate, touching his or her qualifications to teach, and who 
is not qualified to teach as required by the public school law. 
They shall be satisfied that the applicant is possessed of good 
moral character. If at any time a teacher becomes incompetent^ 
inefficient, or unworthy of the endorsement given him or her^ 
the parish superintendent may revoke the same and notifv the 
board of his action for its approval or disapproval. Any teacher 
may be discharged at any time under the above provisions, but 
he shall be entitled to receive payment for services only up to 
the time of such dismissal. 

111. (Examination Fee, S. 49, A. 214, '02, amended and re- 
enacted by Act 133, '06.) — Before being examined each appli- 
cant for a certificate to teach shall pay a fee of one dollar. 
The money so received shall be forwarded to the State Superin- 
tendent of Public Education by the parish superintendent, along 
with the names of the persons by whom it has been paid. The 
Stat-^" Superinteiident shall aive to each parish superintendent a; 
receipt for the money for the benefit of the Institute Fund. A 
list of all moneys so received shall be forwarded to the State 
Board of Education. 

112. (Additional Requirement, S. 3, A. 40, '88.) — No cer- 
tificate shall be granted hereafter to any new applicant to 
teach in the public schools of Louisiana, who has not passed a 
satisfactory examination in the study of the nature of alcoholic 
drinks and narcotics, and of their effects upon the human system, 



66 

in connection Avith the several divisions of the subject relative to 
physiology and hygiene. 

113. (Third Grade Certificate, S. 51, A. 214, '02.)— To 
obtain a third grade certificate the applicant must be found 
competent to teach spelling, reading, penmanship, drawing, 
arithmetic, English grammar, geography, the history of the 
United States, the Constitution of the United States, the Consti- 
tution of the State of Louisiana, physiology, and hygiene, with 
special reference to the effects of stimulants and narcotics upon 
the human s^'-stem, and the theory and art of teaching. 

114. (Second Grade Certificate, S. 52, A. 214, '02.) — To 
obtain a second. grade certificate the applicant must be found 
competent to teach all the foregoing branches, and also gram- 
matical analysis, physical geography and elementary algebra. 

115. (First Grade Certificate, S. 53, A. 214, '02, amended 
and re-enacted by Act 133, '06.) — To obtain a first grade ser- 
tificate the applicant nnist be found competent to teach all 
branches required for a third grade and second grade certifi- 
cate, and also higher algebra, natural philosophy and geometry; 
provided, that graduates of all institutions of learning author- 
ized to confer diplomas under the laws of this State, applying 
ill examinations for first grade teacher's certificates, be credited 
with having passed a satisfactory examination for said first 
grade teacher's certificate in such of the required subjects as, by 
the president of said institution, may be certified to as having 
been completed in the course of study of the applicant, excepting 
theory and art of teaching as it applies to the subjects required 
for a first grade teacher's certificate, and to general school prac- 
tices. 

116. ( Certificates, License to Teach, How Long and 
Where, S. 54, A. 214, '02.) — ^A third grade certificate shaU 
entitle the holder to teach for one year; the second grade cer- 
tificate shall entitle the holder to teach in the public schools for 
three years from its date; a first grade certificate shall entitle 
the holder to teach for five years from its date. If a person pass 
a satisfactory examination by any parish superintendent, obtain 
;i certificate of any grade, and purpose to teach in another par- 
ish, it shall be lawful for the superintendent holding the papers 
written at the examination for such certificate, upon the request 



67 

of any parish superintendent, to transfer such papers to him, 
and if found satisfactory, a certificate thereon, of the proper 
grade, to be for the same length of time as the original certifi- 
cate, may be issued by him to the same effect as though he had 
examined the applicant himself. 

117. (Special Certificates, S. 55, A. 214, '02.) — Special 
certificates in studies of high grade may be issued on a satisfac- 
tory examination in branches to be taught in any special aca- 
demic department, which certificates shall entitle their holders 
to special appointment in a department where such studies may 
be taught. 

118. (License and Contract Necessary to Teach in Pub- 
lic Schools, S. 56, A. 214, '02.) — No person shall be appointed 
to teach without a written contract for the scholastic year in 
which the school is to be taught, and who shall not hold a cer- 
tificate of a grade sufficiently high to meet the requirements of 
the school; unless he or she holds a certificate or diploma pro- 
vided for by this Act, which exempts him or her from examina- 
tion. 

119. (Teachers Not Affected, S. 57, A. 214, '02.) — Teach- 
ers now in position and holding certificates shall not be affected 
by the provisions of this Act, it being the intention thereof to 
have regard to certificates to be issued in the future rather than 
those issued in the past and held by teachers now employed and 
giving satisfaction to their boards ; but all certificates are re- 
vocable, and all teachers sub.ject to examination whenever they 
fall under the provisions of Section 50 of this Act. 

120. (Certificates to be Filed by the Teacher, S. 58, A. 
214, '02.) — Each teacher of any school in this State supported 
wholly or in part from public money shall, before receiving any 
remuneration for services rendered in said capacity, file a certifi- 
cate with the person by whom such pajanents are authorized to 
be made to the effect that such teacher has faithfully complied 
with all the provisions of this Act during the entire period for 
which such payment is sought, and in the manner specified in 
this Act ; and no money shall be paid to any teacher who has not 
filed such a certificate. 

121. (State Teacher's Certificate, A. 55, '06.) — To obtain 
a State teacher's certificate, the applicant must be found eompe- 



68 

tent to teach all of the subjects now required for a first grade 
teacher's certificate, and also literature, chemistry, bookkeeping, 
Latin, general history, botany, history of education, psychology, 
and school administration; provided, that the graduates of all 
institutions of learning authorized to confer diplomas under the 
laws of this State be credited with having passed a satisfactory 
examination for said State teacher's certificate in such of the 
required subjects as, by the president of said institutions, may 
be certified to as having been completed in the course of study 
of the applicant, excepting theory and art of teaching, history 
of education, psychology, and school administration. 

122. Section 2. Be it further enacted, etc.. That a State 
teacher's certificate shall entitle the holder to teach in any par- 
ish of the State, for a term of ten years, from date of said certifi- 
cate, after which same may be renewed by the State Board of 
Examiners. 

123. Section 3. Be it further enacted, etc., That the exam- 
ination for a State teacher's certificate shall be conducted by a 
State Board of Examiners, same to consist of the State Superin- 
tendent of Public Education, the President of the Louisiana 
State University and Agricultural and Mechanical College, and 
the President of the Louisiana State Normal School, under such 
rules and regulations as may be adopted by the said State Board 
of Examiners, provided that it shall be optional upon all teachers 
to take advantage of this Act. 

124. Section 4. Be it further enacted, etc.. That the State 
Board of Examiners shall issue State teachers' certificates as 
provided for in this Act. 

125. (Diplomas of Certain Schools Valued Same as First 
Grade Certificates, S. 59, A. 214, '02, as amended by Act 133, 
'06, as amended by Act 174, 'OS.) — The diplomas conferred 
by the Peabody Normal School located at Nashville, Ten- 
nessee, upon graduates of that institution, as also diplomas con- 
ferred by the State Normal School, at Natchitoches, Louisiana, as 
also diplomas conferred upon the graduates of the City Normal 
School of New Orleans, Louisiana, as also diplomas conferred 
upon the graduates of the department of Philosophy and Edu- 
cation of the Louisiana State University and Agricultural and 



69 

Mechanical College, as also diplomas conferred upon the gradu- 
ates of the Teachers' College of Tulane University, as also full 
diplomas conferred upon graduates completing the course in the 
Teachers Training Department of all schools, or institutions of 
learning now authorized by special Acts of the General Assembly 
to confer diplomas under the laws of this State, that will estab- 
lish a Teachers Training Department following a curriculum to 
be established by the State Board of Education, shall entitle the 
holders thereof to a first grade certificate, valid in any town or 
parish in this State for four years from the date of graduation, 
at the expiration of which time certificates awarded to the grad- 
uates of the Peabody Normal School may be renewed by the State 
Superintendent of Public Education, upon satisfactory evidence 
of the ability, progress and moral character of applicants asking 
for such renewal ; certificates awarded to the graduates of the State 
Normal School may, in like manner, be renewed at the expiration 
of four years by the Board of Administrators of the said Norma) 
School; certificates awarded to the graduates of the Department 
of Philosophy and Education of the Louisiana State University 
and Agricultural and Mechanical College may, in like manner, be 
renewed at the expiration of four years by the Board of Admin- 
istrators of said iiiStitution ; certificates awarded to graduates of 
the City Normal School, of New Orleans, in like manner, may 
be renewed at the expiration of four years by the Board of Direc- 
tors by whom they were originally issued; and certificates 
awarded to graduates of all other institutions having complied 
with the curriculum and having established a Teachers Training 
Department as provided in this Section, may be renewed at the 
expiration of four years by the authority of said institution hav- 
ing originally issued said diploma. 

126. (Police Jury and Municipal Tax, S. 63, A. 214, 
'02, as amended by Act 27, '08.) — The police jurors of the sev- 
eral parishes, and the boards of trustees, councilmen, and legal 
representatives of cities, town and village (except the Parish of 
Orleans) shall lev;^'- for the support of the public school of their 
respective parishes a tax for the public schools which shall not 
exceed the entire Stat© tax, provided, that with this tax the whole 
amount of parish taxes shall not exceed the limit of parish taxa- 
tion fixed by the Constitution; and provided also that no police 



70 

jury of any parish shall levy for the support of its schools less 
than three mills on the dollar of the assessed valuation of the 
property thereof, unless the parish board of school directors of 
that parish certifies that the needs of the schools can be met 
by a smaller levy such taxes shall be paid to the school treasury 
of the parish or town where collected monthly by the tax col- 
lector; provided, towns not exempted under their charters from 
the payment of parish tax^s and subjected to the same burden 
of taxation as the parishes are shall not pay this tax, for the 
same is included in the taxes imposed by the parish in which the 
town is situated. 

126- a- (Request for More State Lands for the Common 
Schools, A. 272, 08.) — Be it resolved, by the Senate 
of Louisiana, the House of Representatives concurring, 
That our Senators and members of Congress be and 
they are hereby memorialized and requested to present 
to Congress at its next session and to endeavor to have 
passed through that body a bill granting to the State of Lou- 
isiana the public lands of the United States, situated in this 
State, the proceeds of the sale thereof to be used in the support 
of the common schools of Louisiana and the grant, if made, not 
to affect or interfere with the claim of any person who has ante- 
rior thereto initiated a homestead claim to proceed as if the 
grant had not been made and title to the land included in the 
homestead to rest in the State of Louisiana, only in case the 
homestead be, and for any cause, canceled. 

127." (Apportionment of Current School Funds, S. 62, 
A. 214, '02.) — The State Superintendent of Public Education 
shall, in the months of February, June and November, in each 
year, apportion the funds appropriated by the General Assembly 
for the support of the public schools of the State among all the 
parishes of the State according to the number of children be- 
tween the ages of six and eighteen years in each parish; pro- 
vided, that all the poll tax collected in any parish shall be 
appropriated to said parish. The amount so apportioned shall 
be paid by the State Treasurer to the school treasurer of each 
parish upon the warrant of the State Superintendent of Public 
Education. 



71 

128. (Accounts State Treasurer Shall Keep, S. 1326, 
^ S.) — An account shall be opened on the books of the treasury, 
to be called the Current School Fund; such account shall be 
charg:ed with the annual expenditures for the public schools 
and credited with the net receipt for the special taxes laid by 
the General Assembly for the support of the public schools, and 
with the receipts from such other sources as may be desig-- 
nated by law. It shall be the duty of the Auditor, in his annual 
report, to present a statement of the condition of said fund, and 
an estimate of the special tax needed for the support of the 
public schools during the ensuing year beyond the receipts for 
said support from other sources. It shall be the duty of the 
Superintendent of Public Education to furnish the Auditor with 
all information he may require for his said report. 

129. (School Fund, How Applied, S. 1327, R. S.)— The 
Current School Fund shall be used for the support of the public 
schools, and the surplus of receipts over expenditures for any 
one year, shall be appropriated to the support of public schools 
during the ensuing year ; and the Act numbered 224 of eighteen 
hundred and fifty-four, and the Acts 180 and 265 of eighteen 
hundred and fifty-five, which direct said surplus to be funded, 
be and the same are hereby repealed. 

130. (Interest on United States Deposit Funds, S. 1328, 
R. S.) — The interest on the United States deposit fund shall be 
appropriated to the annual support of the public schools, pro- 
vided by the Constitution; and it shall be the duty of the 
Auditor and Treasurer annually to transfer from the general 
fund of the treasury to the current school fund the sum of 
twenty-eight thousand seven hundred and ninety-five dollars and 
fourteen cents, the amount of said interest. 

130 -a- (Appropriations for Educational Purposes for the 
Two Years, 1909-10/ Act No. 88, '08.) : 
Louisiana State University and Agricultural and 

Mechanical College $ 154,200.00 

Louisiana State Normal School 142,800.00 

Louisiana State Normal School (Act 141, '08, defi- 
ciency appropriation) 17,200.00 

Louisiana State School for the Blind 26,400.00 

Louisiana State School for the Deaf 52,400.00 



72 

Louisiana Industrial Institute $ 103,200.00 

Southwestern Industrial Institute , 38,500.00 

Southern University 21,500.00 

Biologic Station 10,000.00 

Public Schools 1,800,000.00 

State Superintendent's Office, including salary, of- 
fice expenses, traveling expenses, clerks, per 

diem and traveling expenses of the State Board 17,000.00 

High Schools 53,000.00 

Teachers' Institutes 25,000.00 

Interest on the Free School Fund 90,469.40 

Interest on the Seminary Fund 10,880.00 

Interest on the Agricultural and Mechanical Col- 
lege Fund 18,231.38 

131. (Bonds and Fines, S. 64, A. 214, '02.)— All fines im- 
posed by the several district courts for violation of law, and the 
amounts collected on all forfeited bonds in criminal cases, after 
deducting commissions, shall be paid over by the Sheriff of the 
parish in which the same are imposed and collected, to the treas- 
urers of the school boards in said parishes, and shall be applied 
to the support of the public schools as are applied the other 
funds levied for the purpose, the parish of Orleans excepted. 

132. (Special School Tax, S. 18, A. 214, '02.)— Whenever 
one-third of the property taxpayers of any one parish, mimici- 
pality, ward, or school district in this State shall petition the 
police jury of snch parish, or the municipal authorities of such 
municipality, to levy a special tax for the support of public 
schools aiifl for the purpose of erecting and constructing public 
school houses, the title to which shall be in the public, the said 
police jury, or municipal authorities shall order a special election 
for that purpose and shall submit to the property taxpayers of 
each parish, municipality, ward or school district, the rate of 
taxation, the number of years it is to be levied and the purposes 
for which it is intended; ijrovided, that such election be held 
under the general election laws of the State, and at the polling 
places at which the last ])receding general election was held, 
and not sooner than thirty days after the official publication 
of the petition and ordinance ordering the election. (See S. 1, 
A. 131, '98: also S. 1, A. 174, '02.) 



73 

133. (Special School Tax Petition, S. 19, A. 167, '01.) — 
The petition mentioned in S. 18, Act 214 of 1902, shall be in 
writing, and shall designate the object and rate of tax to be 
levied each year, and the number of years during which it shall 
be levied. (See S. 2, A. 145, '04.) 

134. (Special School and Improvement Tax, S. 1, A. 174. 
'02.) — Whenever one-fifth of the property taxpayers of any one 
parish, municipality, ward, or school district in this State shall 
petition the police jury of such parish or the municipal authori- 
ties of such municipality, to levy a special tax for the support of 
public schools and for the purpose of erecting and constructing 
public buildings, school houses, bridges, wharves, levees, sewer- 
age work and other works of permanent public improvement, 
the title to which shall be in the public, the police jury, or the 
municipal authorities, shall order a special election for that 
purpose, and submit to the property taxpayers of each parish, 
municipality, ward or school district, the rate of taxation, the 
number of years it is to be levied, and the purposes for which it 
is intended; provided, that said election be held under the gen- 
eral election laws of the State, and at the polling places at which 
the last preceding general election was held, and not sooner than 
thirty days after the official publication of the petition and 
ordinance ordering the election; and, provided further, that 
whenever an election is ordered in any school district, wherein 
there is no regular polling place to levj^ a special tax for public 
school purposes, that the police jury be authorized and empow- 
ered to designate* some suitable place mthin the limits of such 
school district, for the holding of said election. 

135. (Special School Tax Petition; Rates, Etc., S. 2, A. 
145, '04.) — Section 2 of said Act 131 of 1898, be amended and 
re-enacted so as to read as follows, viz. : "That the petition men- 
tioned in Section 1 of this Act shall be in writing or, print, and 
shall designate the object and rate of the tax to be levied each 
year, and the number of years during which it shall be levied." 
(Sec. 1, A. 131, '98, same as S. 18, A. 214, '04; also S. 19, A. 
167, '04.) 

136. (Levy of Special School Tax, S. 20, A. 214, '02.)— 
If a majority in number and value of the property taxpayers of 
such parish, municipality, ward or school district voting at such 



74 

election, shall vote in favor of such levy of said special tax, then 
the police jury, on behalf of such parish, ward or school district, 
or the municipal authorities, the authorities for and on behalf of 
such municipality, shall immediately pass an ordinance levying- 
such tax, and for such time as may have been specified in the 
petition, and shall designate the year in which such taxes shall 
be levied and collected. 

137. (Voters for Special School Tax, S. 21, A. 214, '02.) — 
All taxpayers voting at said election shall be registered voters, 
except women taxpayers, who shall vote without registration. 
All taxpayers entitled to vote shall do so in person, except 
women, who shall vote either in person or by their agents, au- 
thorized in writing. 

138. (Levy and Collection of Special School Tax, S. 3, 
A. 145, '04.)— Section 5 of said Act No. 131 of 1898 be amended 
and re-enacted so as to read as follows, viz : That the Police Jury 
of any parish, ward of school district, or the municipal authori- 
ties of any municipality, shall, when the vote is in favor of the 
levy of such special tax, levy and collect annually, in addition to 
other taxes, such special tax, at the rate voted by the property 
taxpayers and during the years designated, upon all the taxable 
property within the limits of such parish, municipality, ward or 
school district, as the case may be, and such Police Jury and 
authorities and the proper Tax Collectors shall have the same 
right to enforce and collect any special tax that may be author- 
ized by such election, as is or may be conferred by law upon them 
for the collection of any taxes, which special taxes so col- 
lected shall be used for the object or purpose designated in the 
petition and for none other, and in case of a special tax voted 
for the support of a public school or for the purpose of erecting 
a public school house, the same shall, from time to time as col- 
lected, be paid to the Board of School Directors of the parish 
in M^hich said special tax shall be levied. (See S. 22, A 214, '02.) 

139. (Issuance op Bonds Based Upon Special Taxes, Act 
84, '08.) — Section 1. Be it e^nacted by the General Assembly of 
the State of Louisiana, That parishes, municipal corporations, 
and parish boards of school directors, the Parish of Orleans ex- 
cepted, shall have the authority to fund into bonds issued in 
conformity to the provisions of this Act, the proceeds of special 



75 

taxes voted and carried, or that may be voted and carried here- 
after under the authority of Article 282 of the Constitution and 
the laws carrying tlie same into effect, for the purpose of con- 
structing and erecting public buildings, public school houses, 
bridges, wharves, levees, sewerage work, and other works of 
permanent public improvement, the title of which shall be in 
the public. 

140. Section 2. Be it further enacted, etc., That the bonds 
issued under the authority of this Act shall mature annually 
upon the dates to be determined and fixed by the issuing body 
and shall conform as to their several amounts and maturities to 
the sum of the avails of the special tax and the date of its 
availability, the said sum to be estimated upon the tax rolls of 
the year in which the tax is voted ; that the said bonds shall not 
bear a greater rate of interest than five per centum per annum, 
which shall be paid annually or semi-annually on dates to be 
specified in the bonds, and in the interest coupons thereto at- 
tached, and that each bond shall bear across its face printed r- 
red letters, the following certificate : I hereby certify that I have 
examined the proceedings prior and relative to the voting of said 
special tax, the resolutions, ordinances, and other proceedings 

of ■ (naming the issuing body), pursuant to which this 

bond was issued, that the said proceedings are regular in form 
and that the proceeds of the special tax dedicated to the payment 

of the same, estimated upon the tax roll of the said for 

the year in which the tax was voted, that is to say, the year 
1-9 — , will be ample for the payment of the said bond, prin- 
cipal and interest. This the dav of , 19 — . 



District Attorney. 
- Judicial District. 



The foregoing certificate shall be signed by the District Attor- 
ney of the Judicial District in which the parish, municipal cor- 
poration, or parish board of school directors is situated or dom- 
iciled, and thereafter the said bonds shall be incontestable for 
any cause after three months from the date of the promulgation 
of the result of the said special election, except for fraud in 
their issuance. The District Attorney shall receive as compen- 
sation for his services in making the examination and certificate 



76 

required by this Act, one-tenth of one per centmn of the total 
amonnt of the bonds thus certified by him, but in no case shall 
he receive less than twenty-five nor more than one hundred 
dollars for any such service, to be paid by the parish, municipal 
corporation, or parish board of school directors issuing the said 
bonds; provided that the provisions of this section shall not 
prevent the police juries, municipal authorities or parish board 
of school directors from stipulating in said bonds that same may 
be redeemed before maturity at their option. 

141. Section 3. Be it further enacted, etc., That parishes, 
municipal corporations, and parish boards of school directors 
shall, through their respective governing bodies, before the issu- 
ance of bonds under this Act, and in contemplation of the same, 
in each case, pass and adopt an ordinance or resolution setting 
forth substantially the denominations, form and phraseology of 
the bonds and interest coupons and specifically dedicating the 
proceeds of the special tax voted for that purpose to the payment 
of the bonds, both principal and interest as they mature, and 
in the case of parishes and municipal corporations levying the 
said tax for the whole term or series of years for which it was 
voted, and the fund thus dedicated shall not be diverted to 
any other purpose whatsoever, so long as any bond of the series 
shall be outstanding and luipaid. 

Section 4. Be it further enacted, etc.. That all laws or parts 
of laws in conflict with or contrary to the provisons of this 
Act be and the same are hereby repealed. 

142. (Inheritance Tax in Favor of Public Schools, Act 
109, '06.) — Section 1. Be it enacted by the General Assembly 
of the State of Louisiana, That there is now and shall hereafter 
be levied, solely for the support of the public schools, on all in- 
heritances, legacies and other donations mortis causa to or in 
favor of the direct descendants or ascendants of the decedent, 
a tax of two per centum, and on all such inheritances or dispo- 
sitions to or in favor of the collateral relatives of the deceased, or 
strangers, a tax of five per centmn on the amount or the actual 
cash value thereof at the time of the death of the decedent. 

143. Section 2. Be it further enacted, etc.. The said tax 
shall not be imposed in the following cases : 



77 

a. On any inheritance, legacy or other donation mortis causa 
to or in favor of any ascendant or descendant of the decedent 
below ten thousand dollars in amount or value. 

&. On any legacy or other donation mortis causa to or in favor 
of an educational, religious or charitable institution. 

c. When the property inherited, bequeathed or donated shall 
have borne its just proportion of taxes prior to the time of such 
donation, bequest or inheritance. 

144. Section 3. Be it further enacted, etc.. It shall be un- 
lawful for any heir, legatee or other beneficiary of a donation 
mortis causa to take or be in possession of any part of the things 
or property composing the inheritance, legacy or other donation 
mortis causa, or to dispose of the same or any part thereof, until 
he shall have obtained the authority of the court to that effect, 
as hereafter provided; and in case he shall so t^ke or be in 
possession or shall so dispose of such things or property, or any 
part thereof, he shall no longer have the right of renouncing 
such inheritance or donation mortis causa, and shall remain per- 
sonally liable for the tax thereon ; but he may, without waiting 
for authority do such acts as may seem necessary to preserve the 
property from waste, damage or loss. 

144-a- Section 4. Be it further enacted, etc., The executor 
of the will of a person deceased, or the administrator of his suc- 
cession, shall, after payment of his debts, proceed against the 
tax collector and all the heirs and legatees of the deceased sum- 
marily, by rule before the court which has jurisdiction of the 
succession, to fix the amount of tax due by each heir or legatee, 
and on trial thereof the court shall render judgment for the 
same against each heir or legatee, with interest and costs, as 
hereinafter provided. 

145. Section 5. Be it further enacted, etc.. The executor or 
administrator shall thereupon pay to the tax collector the amount 
of tax, with interest and costs, so fixed, on each inheritance, 
legacy or donation, out of the funds comprised therein, if suffi- 
cient. Should there not be sufficient funds, the court shall, on 
the application of the heir or legatee, grant an order for the 
sale of the property composing such inheritance, legacy or do- 
nation, or so much thereof as may be necessary, for the purpose 
of paying such judgment. If the same be not paid by the heir 



78 

or ieg:atee, or an order of sale be not granted, as above provided 
within thirty days after the date of the judgment, the court 
shall, on the application of the executor or administrator, grant 
an order of sale for the said purpose, as above provided, and 
t.iie 'rxecutor or administrator shall pay the said judgment out of 
the proceeds of the sale. 

Such sale shall be made in such manner, and on such terms 
and conditions as the court shall prescribe, and the expense 
thereof shall be borne by the heir or legatee. 

146. Section 6. Be it further enacted, etc.. No executor or 
administrator shall deliver any inheritance or legacy until the 
tax thereon , shall be fixed and paid, as herein provided; other- 
wise he, together with his surety, shall be personally liable for 
said tax, with interest and cost. And no executor or administra- 
tor shall be discharged until it is shown that all taxes under this 
Act, due by the heirs and legatees, have been paid, or until it 
is judicially determined by the process herein provided that 
no tax is due. 

147. Section 7. Be it further enacted, etc.. In all cases in 
which an administration is not ordered by the court, the legal or 
instituted heir, or universal or residuary legatee, shall within six 
months after the death of the decedent, or, should there be a 
will, within the same time after the discoverj^ of the same, pre- 
sent to the court a detailed descriptive list, sworn to and sub- 
scribed by him, of all items of property contained in and com- 
posing the estate of the decedent, and therein shall state the 
actual cash value of each such item at the time of the death of 
the decedent, and service thereof shall be made on the tax col- 
lector who shall have the right to traverse the same. Should the 
deceased have made special or particular legacies or donations 
mortis causa, the legatee shall also be served, and after sum- 
marily hearing the said parties the court shall fix the amount 
of tax due as aforesaid by each such heir or legatee, and shall 
render judgment therefor, with interest and cost, against each 
of them. 

148. Section 8. Be it further enacted, etc.. In the same man- 
ner as provided in Section 5, the heir or universal or residuary 
legatee shall thereupon pay or take measures for the payment 
of the tax due on all snecial or particular legacies or donations. 



79 

149. Section 9. Be it further enacted, etc., The heir or uni- 
versal or residuary legatee may likewise obtain an order for the 
sale of the property of his inheritance or legacy, or part thereof, 
for the purpose of paying the tax thereon. But if such tax be 
not paid, or such order of sale be not made within thirty days 
after the date of the judgment fixing the amount of the tax, a 
similar order for the same purpose shall be granted on the 
application of the tax collector, and thereunder any property 
forming part of the inheritance or legacy may be sold, and the 
proceeds thereof shall be applied to the payment of the tax with 
interest and costs. 

150. Section 10. Be it further enacted, etc., The heir or 
residuary or universal legatee shall not deliver any legacy until 
the tax thereon shall have been fixed and paid; otherwise he 
shall be personally liable for the said tax, with interest and costs. 

151. Section 11. Be it further enacted, etc., If during the 
six months next following the death of any person leaving prop- 
erty, movable or immovable, within this State, an administra- 
tion of his succession be not applied for, or his legal or instituted 
heir or universal or residuary legatee do not apply to the court 
to be placed in possession thereof, as herein provided, the court 
shall ex parte and on the application of the tax collector grant 
an order directing that a search be made for the will of the de- 
ceased by a notary public, and in aid of the same may order that 
all persons having in their possesion or control any books, 
papers or documents of the deceased, or any bank-box, safe 
deposit vault or other receptacle likely or designed to contain the 
same, shall open such receptacle and exhibit the con- 
tents thereof, as well as all other books, papers and documents 
of the deceased, to the said notary. 

152. Section 12. Be it further enacted, etc.. Should the said 
notary find any document appearing to be the will of the de- 
ceased, he shall take possession of the same and produce it in 
court; and on application of the tax collector, or of any party 
in interest, the court shall proceed to the probate thereof, as 
now provided by law. If an executor be therein appointed, the 
person named shall be notified, and if he do not within ten days 
after notification accept the appointment, and if within the ten 
days next following this delay no person entitled to be appointed 



80 

dative testamentary executor shall apply for the appointment, 
then the Public Administrator in the Parish of Orleans, and in 
the other parishes the tax collector, shall be appointed dative 
testamentary executor of the said decedent, and the administra- 
tion of his succession shall proceed as herein directed and accord- 
ing to existing law, 

153. Section 13. Be it further enacted, etc., If the notary 
can find no wiU, he shall report the fact to the court ; and there- 
upon the tax collector shall proceed against the legal heir or 
heirs of the deceased summarily by rule to fix the amount of tax 
due by him or them, and each of the heirs shall be ordered, 
within a delay to be fixed by the court, which may be extended 
from time to time in the discretion of the court, to make and 
file a detailed descriptive list, sworn to and subscribed by him, 
of all the items of property contained in and composing the 
estate of the decedent, stating therein the actual cash value of 
each such item at the time of the death of the decedent, and the 
tax collector shall have a right to traverse the same. On trial 
of the rule the court shall fix the amount of tax due by each 
of the heirs, and shall render judgment for the same against 
each of them, and in such case, as well as in the cases mentioned 
in Section 12, shall include in the costs payable by the heir or 
legatee a fee of not more than ten per cent, on the amount of 
tax due by each heir or legatee in favor of the attorney for the 
tax collector. In the same maner and under the same conditions 
as provided in Sections 5 and 9 of this Act, such heirs or legatees 
shall have the right to procure the sale of their inheritances or 
legacies for the purpose of paying the tax due thereon, with in- 
terest, costs and attorney 's fees ; and if payment thereof be not 
made by the heir or legatee, or if an order of sale, as above pro- 
vided, be not granted, within thirty days after the date of the 
judgment, the tax collector shall be entitled to a similar order, 
and thereunder any property forming part of the inheritance 
or legacy may be sold. 

154. Section 14. Be it further enacted, etc.. Should there be 
more than one legal or instituted heir or universal or residuary 
legatee any one of them may institute the proceedings provided 
by this Act, and the others shall be made parties thereto, and 



81 

such heir shall be entitled to recover out of the mass of the suc- 
cession one reasonable attorney's fee, besides his costs. 

155. Section 15. Be it further enacted, etc., Nothing con- 
tained in this Act shall aft'ect the rights of creditors of persons 
deceased or the rights of the creditors of the heirs or legatees of 
such persons, as established by the general law. 

156. Section 16. Be it further enacted, etc.. Each inherit- 
ance or legacy is indivisible, and must be accepted or renounced 
for the whole ; and the heir or legatee shall not be entitled to be 
placed in possession of the same, and shall be Avithout right or 
capacity to alienate any part thereof, until the tax on the whole 
shall have be-en fixed and paid, or until it shall have been judi- 
cially determined, in the manner herein provided, that no part 
of the same is subject to the tax imposed by this Act. 

157. Section 17. Be it further enacted, etc.. No bank, banker^, 
trust company, warehouseman, or other depositary and no per- 
son or corporation or partnership having on deposit or in pos- 
session or control any moneys, credits, goods or other things or 
rights of value for a person deceased, or in which he had any 
interest, and no corporation the stock or registered bond^ of 
which are owned by a person deceased shall deliver or transfer 
such moneys, credits, stock, bonds or other things or rights of 
value to any heir or legatee of such deceased person, unless the 
tax due thereon under this Act shall have been paid, or unless 
it be judicially determined in the manner herein prescribed 
that no tax is due hy such heir or legatee. Otherwise the per- 
son or corporation so making delivery or transfer shall be liable 
for the said tax. But the order of a court of competent juris- 
diction, directing such delivery or transfer, shall be full author- 
ity for the same. 

158. Section 18. Be it further enacted, etc.. The burden of 
proving facts establishing exemption from the tax imposed by 
this Act is upon the person claiming exemption. 

159. Section 19. Be it further enacted, etc.. The District 
Court of the last domicile of the deceased, and in the Parish of 
Orleans the Civil District Court, shall have original jurisdiction; 
to hear and determine all the proceedings provided by thij Act. 
In the ease of a non-resident decedent, the District Court, or 
Civil District Court, of any parish in which he left property, 



movable or immovable, shall exercise such jurisdiction, and the 
court in which such proceedings shall be first beg'un shall have 
exclusive original- jurisdiction thereof. 

160. Section 20. Be it further enacted, etc., Non-residents 
and unknown heirs and legatees, and those whose whereabouts 
are unknown, shall be represented by curator ad hoc appointed 
by the court, and all notices, citations and demands prescribed 
by this Act shall be served on such officers. Though there be 
in any ease more than one unknown or absent heir or legatee, 
all may be represented by the same curator. 

161. Section 21. Be it further enacted, etc., The tax col- 
lector spoken of and intended by this Act is the Sheriff and ex- 
officio Tax Collector of the parish in which was the last res- 
idence of the decedent, or in which is situated property of a 
non-resident decedent, and in the Parish of Orleans the Clerk 
of the Civil District Court. They shall receive a commission of 
two per cent on their collections of taxes under this Act. 

162. Section 22. Be it further enacted, etc.. In and for the 
Parish of Orleans the Governor shall appoint, by and with the 
advice and consent of the Senate, for a term of four years, an 
attorney at law, whose duty it shall be to advise, assist and rep- 
resent the Clerk of the Civil District Court in the enforcement 
of this Act. For his services, except as provided in Sections 12 
and 13, he shall receive a fee of four per cent, on all taxes 
collected hereunder, payable out of the same before transmis- 
sion to the Treasury. In all other parishes of the State the said 
duties shall be performed by the attorneys appointed under ex- 
isting law to assist the tax collectors in the collection of delin- 
quent licenses, and the compensation of such attorneys shall 
be as above provided. 

163. Section 23. Be it further enacted, etc., In fixing the 
value of any legacy or donation mortis causa which consists in 
whole or in part of an annuity or usufruct or right of use or hab- 
itation, the court shall consider the expectancy of life of the 
legatee or donee according to the table known as the American 
Experience Table of mortality, at six per cent per annum com- 
pound interest. 

164. Section 24. Be it further enacted, etc., The taxes hereby 
levied shall bear interest at the rate of two per cent per month, 



83 

beginning six months after the death of the decedent; saving 
to any heir, legatee, or donee the right to stop the running of 
interest against him by paying the amount of his tax with ac- 
crued interest, or by tendering the same to the tax collector in 
the manner prescribed by the general law; provided, however, 
that in cases in which the settlement of the succession is not un- 
duly delayed, or in which the right of any party to receive an 
inheritance or legacy is contested, and in all cases in which the 
failure to pay tax on any legacy or inheritance within the period 
aforesaid is not imputable to the laches of the heir or legatee, 
the court may, in its discretion, remit such interest. 

165. Section 25. Be it further enacted, etc.. The costs of all 
proceedings under this Act shall be borne by the mass of the 
succession; provided, that in cases in which it seems to him 
equitable to do so the judge shall have the power to apportion 
the costs among the several parties, or allow any party to retain 
his costs out of any sum found to be due by him for tax here- 
under. Provided, the provisions of this Act shall affect all suc- 
cessions not finally closed, or in which the final account has not 
been filed. 

166. (Collection of the Poll Tax, S. 1, A. 89, '88.)— The 
Tax Assessors throughout the State be and they are hereby re- 
quired to render to the School Boards of their respective par- 
ishes, annually, by the first Saturday of October, a complete 
schedule list, by wards, of all persons liable to pay poll tax in 
their respective parishes. If any Assessor fails to comply with 
the requirements of this Act, the failure shall be cause for re- 
moval; besides, he shall be subject to a fine of $250, for the 
benefit of the public schools in the parish in which the delin- 
quent officer resides, and in which he is the Assessor. In the 
City of New Orleans the Board of Assessors shall comply with 
the requirement of this Act, and in the event of failure, shall be 
subject to dismissal and penalty as before provided. (See Arts. 
231 and 252, Constitution of 1898.) 

167. (Returns op Collections, S. 2, A. 89, '88.)— The Sher- 
iff and Tax Collectors in their respective parishes shall return, 
by the first Saturday of February, of each and every year, to 
the School Boards of their respective parishes, a list predicated 
upon the list mentioned by wards, showing all persons in the 



84 

parishes, respectively, who have paid their poll tax, as well as^ 
persons who have not paid the same, and shall return their rea- 
sons in writing and under oath, the cause in each instance of the 
non-payment of a poll tax, and why they have not collected the 
tax not collected. 

168. (Penalties, S. 3, A. 89, '88.)— If the said Sheriff or 
Tax Collector fails to show cause why the said poll tax has not 
been collected, he shall be responsible for and shall pay the poll 
taxes he has failed to collect, and shall be held liable with his- 
securities on his official bond for the payment of said tax. 

169. (Rules for Non-Compliance, S. 4, A. 89, '88.) — The^ 
sheriff can be made to show cause why the said poll tax has not 
been collected, at chambers, before the district judge^ after- 
service of rule and three days have elapsed after service. 

170. (Receipt for the Poll Tax, S. 1, A. 87, '86.)— Before 
any person serving as jurors or as witnesses in criminal cases 
shall receive the compensation to which they are entitled for 
their mileage and per diem, they shall exhibit to the clerk of 
the court a receipt for the poll tax or taxes due by them. 

171. (Deduction of Witnesses' and Jurors' Compensa- 
tion, FOR Poll Tax, S. 2, A. 87, '86.)— On their failure to pro- 
duce such receipt the clerk or court or other officer, issuing cer- 
tificates or warrants for their mileage and per diem, shall issue 
certificates or warrants for amounts less the poll tax due, and 
shall issue the certificate or warrants for amount so reserved for 
poll tax, to the treasurer of the school board of the parish, who 
shall collect same. 

172. (Report by the Clerk of Court, S. 3, A. 87, '86.) — 
The clerk of court or other officer, issuing such certificates or 
warrants, shall report to the tax collector of the parish the 
names of all persons from whom he has reserved amounts for 
poll tax, and the tax collector shall give such person credit for 
such poll tax. 

173. (Poll Tax Collections of Orleans, S. 1, A. 56, '94.) — 
The collection of poll taxes in the Parish of Orleans, together 
with all the processes, commissions and obligations incident 
thereto as now provided by law, are vested in the treasurer of" 
the City of New Orleans. 



85 

174. (Election on Sale of School Lands, S. 2958, "K S.) — 
It shall be the duty of the parish treasurers of the several par- 
ishes in this State to have taken the sense of the inhabitants of 
the township, to which they may belong, any lands heretofore 
reserved and appropriated by Congress for the use of schools, 
whether or not the same shall be sold, and the proceeds invested 
as authorized by an Act of Congress, approved February 15, 
1843. * * * * Polls shall be opened and held in each town- 
ship, after advertisement, for thirtj^ days, at three of the most 
public places in the town, and at the courthouse door, and the 
sense cf the legal voters therein shall be taken within the usual, 
hours, and in the usual manner of holding elections, which elec- 
tions shall be held and votes received by a member of the parish 
school board or a justice of the peace ; and if a majority of the 
legal voters be in favor of selling the school lands therein, the 
same may be sold, but not otherwise. The result of all such elec- 
tions shall be transmitted to the parish treasurer, and by him to 
the State Superintendent. 

175. (Survey, S. 2959, R. S.)— Before making sale of the 
school lands belonging to the State, it shall be the duty of the 
parish treasurer, or other persons whose duty it may become to 
superintend the sales, to cause a re-survey of such lines as from 
any cause may have become obliterated or uncertain; and for 
this purpose he is authorized to employ the parish surveyor, or 
on his default, any competent surveyor ; and the lines thus sur- 
veyed shall be marked in such manner as to enable those inter- 
ested to make a thorough examination before sale, and all adver- 
tisements made for the sale of such lands shall contain a full 
description thereof according to the original survey and that re- 
quired by this section. The expenses of the survey shall be paid 
by the Auditor of Public Accounts out of the proceeds of the 
sale of the lands on the warrants of the parish treasurer. 

Note. — The Slate is a trustee of these lands or of the proceeds of 
their sale for the use of the inhabitants of the township in which they 
are located— vide, Board of School Directors vs. Ober, 32 A., 419. 

175 -a- (Rights of Way May be Granted by the School 
Boards, A. 14, '08.) — The Parish Board of School Directors of 
any parish within the State shall have authority by resolution 
duly passed by said Board, when in its judgment it is to the 



manifest interest of the public in general, and in order to facil- 
itate the construction, maintenance and operation of canals, or a 
portion of a canal, or branch of any canal, constructed by or 
under the authority of the United States for the purpose of 
transportation or for purposes of extension or improvement of 
the public waterways, to donate to the United States of America 
rights of way over and across any of the lands belonging to the 
public schools located within the parish in which said Board is 
constituted or organized, which grant or donation may be made 
without any previous advertisement thereof, when authorized 
by a resolution of said Board to sign an act of conveyance evi- 
dencing such grant or donation; provided, however^ that the 
said Parish Boards of School Directors shall in every ease re- 
serve the right to control, occupy and use- any part of said 
rights of way not actually needed by the United States in the 
manner and to the same extent as before conveying said rights 
of way, and also the right to transfer, lease, quit-claim, or other- 
wise dispose of the said rights of way and every part thereof, 
subject to the grant made to the United States. 

176. (Sale on the Order op the Auditor, S. 2960, R. S.) — 
If the majority of the votes taken in a township shall give their 
assent to the sale of the lands aforesaid, the parish treasn^er 
shall forthwith notify the Auditor of Public Accounts of the 
vote thus taken, and upon his order the said lands shall be sold 
by the parish treasurer, at public auction, before the courthouse 
door, by the sheriff or an auctioneer to be employed by the 
treasurer at his expense, to the highest bidder, in quantities not 
less than 40 acres, nor more than 160, after having been pre- 
viously appraised by three sworn appraisers, selected by the par- 
ish treasurer and recorder of the parish, after thirty (30) days' 
advertisement, but in no case at a less sum than the appraised 
value, payable on a credit of ten years, as follows : ten per cent 
in cash and the balance in nine annual installments, the interest 
to be paid on the whole amount, annually, at the rate of eight 
per cent, per annum ; the notes shall be made payable to the 
Auditor of Public Accounts, secured by special mortgage on the 
land sold, and personal security in solido, until final payment of 
principal and interest; in event of the purchaser neglecting or 
refusing to pay any of these installments or interest at maturity, 
the mortgage .shall be forthwith closed, and the parish treasurer 



87 

is hereby authorized to advertise and sell the land as before pro- 
vided for, and further authorized and required to execute all 
acts of sale on behalf of the State for any such lands sold, to 
receive the cash payment and notes given for the purchase, which 
shall be made payable to the State Treasurer, and to place 
the same in the office of the Auditor of Public Accounts, for 
collection; all cash received, either for principal or interest, 
from said sales shall be transmitted by him to the State Treas- 
urer, and any moneys thus received into the State Treasury 
from sales aforesaid shall bear interest at the rate of six per 
cent per annum, and be credited to the township to which the 
same belongs according to the provisions of the Act of Congress. 
The parish treasurer shall forthwith notify the State Superin- 
tendent of the result of all sales made by him. The parish 
treasurer shall be authorized to receive the whole amount bid 
for the lands, deducting the eight per cent interests which 
credits will bear. ( See Supreme Court decision as to price, etc. ) 

177. (Sale of Uninhabitable Lands, S. 1, A. 168, '94.) — 
All sixteenth section lands located in a township not habitable by 
reason of the land being swamp or sea marsh, the school board 
of the parish in which such lands are located may present an 
application for sale of such sixteenth section land to the Auditor 
of Public Accounts, in which they shall set forth the location of 
the township, its character and the reason upon which a sale is 
desired and upon receipt of such application duly signed by the 
president and secretary thereof, the Auditor may authorize the 
sale, if in his judgment a sale should be made. 

178. (Sale Conducted in the Same Manner as Others, S. 
2, A. 168, '94.) — In case a sale is ordered as provided for in 
Section 1 of this Act, the parish treasurer shall make such sale 
in the same manner, and upon the terms and conditions as is 
now provided by law, for the sale of sixteenth section lands ; pro- 
vided this Act shall not apply to sixteenth sections now leased 
to parties for a term of years. 

179. (Sale of Sections Divided by Parish Lines, Act 147, 
1857.) — AVhen the sixteenth section of any township is divided 
by a parish line, the treasurer of the parish in which a greater 
portion of the section may lie, shall proceed to take the sense of 
the people of the township, and to sell the same as provided by 



8b 

law, as if the whole section lay in his parish; provided, that 
the same shall be advertised at the courthouse of both parishes. 

180. (Treasurer's Commission, Act 33, 1859.) — Parish 
treasurers of the several parishes shall be entitled to retain out 
of the proceeds of the sale of sixteenth sections effected by them 
a percentage of two and one-half on the amount of said sales, to 
be deducted from the cash payment, and the same shall be in full 
compensation of their services. 

181. (Proceeds of Lands Accruing to Townships, S. 2963, 
K. S.) — All moneys that have been or may be hereafter received 
into the State Treasury, and the interest that has or may accrue 
thereon from the sale of any sixteenth section of school lands 
or the school land warrants belonging to the various townships 
in the State, shall be placed to the credit of the township, and 
should the peoj)le of any to\^Taship desire to receive for the 
use of the schools therein, the annual interest payable by the 
State on funds deposited to their credit, or the annual proceeds 
of the loan, the parish treasurer shall, on the petition of five 
legal voters in any such township, order an election to be held 
in the to^vnship, as provided for the sale of township lands; and 
if a majority of any number of voters above seven be in favor of 
receiving annually the accruing interest as aforesaid, the same 
shall be paid by the treasurer of the parish for the use of the 
townships or districts; otherwise the interest shall be an ac- 
cumulated fund to their credit until so called for. 

182. (Mode of Annulling Sales, S. 2965, R. S.)— In all 
cases of the sale of the school lands known as sixteenth sections, 
heretofore made, where the purchase money has not been paid, 
the purchaser or purchasers shall have the right to annul the 
sale upon application to the district court of the parish where the 
land is situated; provided, that the judgment of nullity shall 
be obtained at the cost of the applicant and contradictorily with 
the district attorney, in conjunction with the school directors 
of the district in which said land is situated, who shall be made 
a party defendant in such suit ; provided, also, that it shall ap- 
pear upon the hearing that the value of the land has not been 
impaired by any act of the purchaser; and provided further, 
that nothing in this Act shall be so construed as to entitle the 



89 

said purchaser to repaj^ment of any part of the purchase money 
already paid. 

183. (Auditor's Duty in the Collection of Notes, S. 1, A. 
57, '84.) — It shall be the duty of the Auditor of Public Accounts, 
immediately on the passage of this Act, to forward for collection 
to the treasurer of the school board in their respective parishes 
throughout the State, all the notes given for the purchase price 
■of sixteenth sections, or any part thereof, known as free school 
lands, whenever any installment of said purchase price has be- 
come due or may become due, and it shall be the duty of said 
treasurer of the parish school board to receive and receipt for 
same. 

184. (Parish Treasurer's Duty in the CoLiiECTiON of 
Notes, S. 2, A. 57, '84.) — It shall be the duty of the treasurer of 
the parish school board, on the receipt of the notes due and given 
for the said sixteenth sections, to immediately notify the prin- 
cipal and his sureties, in writing, of the amount of said note, 
principal and interest, due and unpaid; provided, said lands 
for which said notes were given are still in possession of the orig- 
inal purchaser, and if in the possession of other parties, such 
possessor shall also be likewise notified of all the demands princi- 
pal and interest, against said lands, and if all the demands 
against the same be not satisfied within thirty days from said 
notice, it shall be the duty of the treasurer of the parish school 
board to turn over said notes to the district attorney for said 
district, or other attorney selected by the school board, for suit ; 
and, provided further, that said notice shall serve as a bar to pre- 
scription, which shall only begin to run from the scTvice of said 
notice. 

185. (Attorney' s Duty in the Collection op Notes, S. 3, 
A. 57. '84.) — It shall be the duty of the said attorney to proceed 
without delay, by all necessary legal processes, and without de- 
positing clerk's or sheriff's costs, or giving security therefor, 
to collect all such notes as may be turned over to him by said 
treasurer of the parish school board, and given for sixteenth 
sections, known as free school lands, and if any of the conserv- 
atory writs shall be found to be necessary in order to aid in said 
collection, it shall be lav/ful to issue the same, without giving 
bond as required in other eases. 



90 

186. (Attorney's Compensation, S. 4, A. 57, '84.) — The 
said attorney shall receive ten per cent of all money collected by 
h.im on notes given for sixteenth sections, and after deducting^ 
said ten per cent he shall turn over the remainder to the treas- 
urer of the school fund for the parish in which said lands are sit- 
uated, and the same shall be transmitted through the Auditor 
of Accounts, by said treasurer, to the State Treasury, and 
any moneys thus received into the State Treasury from said col- 
lections shall bear interest at the rate of four per cent per an- 
num, and be credited to the township to which the same belongs, 
according to the provisions of the Act of Congress. 

187. (When Scrip May Issue, S. 2952, R. S.)— When such 
locations cannot be made, if deemed more advantageous to the 
State, the Register, with the assent of the Federal Government, 
is authorized to issue scrip for sUch lands, which scrip shall 
not be sold for a less amount than one dollar and twenty-five 
cents per acre. 

188. (Duty op the Auditor in Fixing Capital Due thk 
Townships, Res. 96, '86.) — It shall be the duty of the Auditor of 
Public Accounts, by the 1st day of January, 1887, to ascertain 
the amount of capital that may be due the several townships 
from the proceeds of the sales of sixteenth sections, made since 
the 1st of January, 1880, and actually paid into the State treas- 
ury. The amount thus ascertained shall be the capital upon 
which interest shall be thereafter allowed and paid out of the 
interest collected on the said bonds to the townships, the six- 
teenth sections of which have been sold since the 1st of January, 
1880, and the proceeds actually paid into the State Treasury,, 
and the proceeds so paid invested as required by law. 

In calculating the interest due the several townships, no in- 
terest shall be allowed for fractions of the year during which 
the receipts shall have come into the treasury ; but it shall com- 
mence at the beginning or the first of January of the next year. 

The interest due upon the capital ascertained as aforesaid,^ 
and the interest due upon subsequent sales, shall be paid to the 
township in the manner now provided for by law. It shall be 
the duty of the Auditor to furnish the Treasurer and Superin- 
tendent of Public Education with a statement of the amount due 
each township. 



93 

189. (Care of School Lands When Vote Is Against Sale, 
Act 129, '08, amending' and re-enacting Section 2962 of the R. 
S.) — Should a majority of the legal voters be against the 
sale of the lands, then it shall be the duty of the Parish Board 
of School Directors of the parish in which said lands are located, 
to secure them from injury and waste and to prevent illegal 
possession ,or aggression of any kind and to lease the same, or 
any part thereof, according to the provisions of the Act of Con- 
gress aforesaid, as amended by Act of Congress, approved June 
12th, 1884, and to inform the State Superintendent thereof. 

Such lease shall only be made after due notice shall have 
been given by advertisement, for at least thirty days, in the 
official journal of the parish, or in any paper published regu- 
larly in the parish containing the land to be leased, of the time 
and place when the land will be offered for lease to the highest 
bidder. In all cases ample security shall be required, not only 
for the punctual pajinent of the rent but for the protection 
of the lands from all kinds of waste and injury. Said parish 
board of school directors shall have the right to reject any and 
all bids offered for said lease, if in its judgment the bids do not 
reach a just and fair value for the lease. 

The Parish Board of School Directors shall have the authority, 
when in its j*udgment it is to the best interest of the schools of 
a township, to take the sense of the legal voters residing in such 
township relative to the sale of the timber on sixteenth section 
school lands situated therein, or the lease or the sale of oil and 
mineral rights on such land. Said vote shall be taken under 
the direction of said board who shall give thirty days' previous 
notice thereof in the parish journal, or in any other paper 
regularly published in the parish, setting forth the time and 
place the election is to be held. The said board shall appoint 
one of its members to conduct the election who shall hold 
open the polls and allow votes to be cast within the usual hours 
and in the usual manner of holding elections. If a majority of 
the votes are in favor of the sale of the timber, or the lease or 
the sale of oil and mineral rights, the Parish Board of 
School Directors shall at once report the result of the election 
to the State Superintendent and the State Auditor of TPnblic 
Accounts and upon the order of the State Auditor the said 



92 

iDoard shall proceed to sell the timber, or lease a^.' sell the oil and 
mineral rights, either or both, as the case may be, under the 
same formalities and requirements as pro^dded for the lease of 
sixteenth section school land hereinabove set forth. In all cases 
where a sale of timber, or of oil and mineral rights, is made 
under the provisions of this Act, and deferred payments are 
allowed, the notes representing such deferred payments shall 
be made payable to the order of the Auditor of Public Accounts, 
and their punctual payment shall be secured by at least tAvo 
good and solvent sureties who shall be liable ' ' in solido. ' ' 

In all cases of the lease of sixteenth section school land, or 
of the sale of the timber thereon or of the lease or sale of oil 
and mineral rights thereof, the cash payment, after deducting 
sufficient amount to cover the actual expenses incurred by the 
said election and making the said sale or lease, shall at once 
transmitted to the State Auditor to be credited to the township 
in which the property is situated, as the law directs, and notice 
thereof shall be given the State Superintendent, and notes repre- 
senting deferred payments shall likewise be placed in the hands 
■of the State Auditor of Public Accounts. 

In all eases where a sale of timber or of the lease or sale of 
the oil and mineral rights is made under the provisions of this 
Act, the purchaser thereof, or his vendees, or the lessee, shall be 
-allowed a period of not more than ten years in which to remove 
the timber or to utilize the oil and mineral rights. 

190. (Trespass on Sixteenth Section, S. 1, A. 14, '82.) — 
"Whoever shall cut down, or remove for sale for his own use, or 
the use of another, any timber on any free school land in this 
State, belonging to the State, known as sixteenth sections, shall 
be deemed guilty of a misdemeanor, and upon conviction shall be 
condemned to -pay a fine of not less than fifty nor more than one 
thousand doUars, and, in default of the same, be sentenced to 
imprisonment not less than ten days nor more than one year. 

191. (Same, S. 2, A. 14, '82.) — Whoever shall knowingly use, 
cultivate or inclose any free school land, known as the sixteenth 
section, without authority from the parish board of school direc- 
tors, shall on conviction be condemned to pay a fine of not less 
than fifty nor more than one thousand dollars, and in default of 



93 

the same be sentenced to imprisonment for not less than ten days 
nor more than one year. 

192. (To Provide for the Sale op School Indemnity 
Lands, Act 217, '02.) — Section 1. Be it enacted by the General 
Assembly of the State of Louisiana, That all lands now owned 
by, or which may hereafter inure to the State from the United 
States Government as indemnity for school lands, shall be dis- 
posed of as hereinafter provided. 

193. Section 2. Be it further enacted, etc., That the Register 
of the Land Office shall cause to be advertised for sale at public 
auction, for thirty clear days, a list of the lands to be sold, which 
have not already been advertised, the publication to be made in 
a newspaper published in the parish where the land to be sold is 
situated, and no land to be sold shall be advertised in any paper 
published outside of the parish where the same is situated. 

194. Section 3. Be it further enacted, etc., That the Register 
shall adjudicate said lands at public auction to the last and 
highest bidder at his office and in case the land so offered for sale 
fails to bring at auction the price of two dollars and fifty cents 
($2.50) per acre the same shall be withdraAvn and shall be there- 
after sold by him at private sale for two dollars and fifty cents 
per acre. 

195. Section 4. Be it further enacted, etc.. That the Register- 
shall not issue a patent to the purchaser of said land until he 
shall have paid into the hands of the State Treasurer the pur- 
chase price of said lands. 

196. Section 5. Be it further enacted, etc., That in addition 
to the purchase price paid for said lands, the purchaser thereof 
shall pay to the Register the same fees as in other cases where 
a patent is issued, and out of the purchase price so paid, the 
Treasurer of the State shall pay the cost of advertising said 
property and place the balance thereof to the credit of the va- 
rious school boards entitled to receive same. 

197. Section 6. Be it further enacted, etc., That the provi- 
sions of this Act shall not refer nor apply to applications for the 
entry and sale of school indemnity lands which may be pending 
in the State Land Office at the time of the passage of this Act. 



94 

198. Section 7. Be it further enacted, etc., That all laws and 
parts of laws in conflict with or inconsistent with this Act be 
and the same are hereby repealed. 

199. (Sale Which Can Be Made by the Land Register, 
Act 315, '55.) — It shall be lawful for the Register of the State 
Land Office to sell, at the price stipulated by law, to any board of 
free school district directors of this State, any amount, not less 
than Ave acres, of any land within their school district, donated 
by Congress to this State, either for the use of a seminary of 
learning, or for the purpose of internal improvement, on which 
to erect a school house. 

200. (How Located, S. 2947, R. S.)— Any land so sold shall 
commence in the corner of a legal division or sub-divisions of 
sections; and if in a right angle, it shall be run an equal dis- 
tance on two sides, bounded by the line of such division, and 
form a square including the number of acres sold; if in an 
acute angle, it shall be bounded by said division lines to such 
distance, and by lines in such other directions as the Register 
may deem most equitable between the land so sold and that re- 
tained; the patents for lands so sold shall issue to the free 
school directors and their successors, for the use of their district 
schools, setting forth the number, and of what parish. 

201. (Reservation of School Lands, Act 316, '55.)— The 
Register of the State Land Office is required to ascertain in 
what township in this State there are no reservations of school 
sections by reason of conflicting claims or from any other cause, 
or where the reservation is less than contemplated by law; and 
in such cases it is made his duty under the superintendence of the 
Governor, to apply for, and as soon as possible, obtain a loca- 
tion of any land or part of land in lieu thereof. 

201-a- (Providing for the Deposit of Public Funds, Act 
No. 25, '07, amended by Act 282, '08.)— That all funds of 
the State of Louisiana, and of all parishes and municipalities 
thereof, and all public boards commissions, and bodies created 
by or under the authority of the State or any parish or munic- 
ipality thereof, shall be deposited weekly in the fiscal agency or 
agencies hereinafter mentioned. Such deposits shall be made 



95 

in the name of the State, or of the parish, municipality, board, 
commission or body having by law the custody of the same. 

201 -t>- Section 2. The fiscal agency or agencies with whom 
such funds shall be deposited shall be a bank or banks, chartered 
under the laws of the State of Louisiana, or of the United States, 
and domiciled in this State, offering the highest rate of interest, 
consistent with the safety of such funds, upon the daily balances 
of the deposits so to be made and giving satisfactory security 
hereinafter mentioned. Such- fiscal agency or agencies shall be 
selected as follows : 

(1) As to funds belonging to or received in behalf of the 
State whether by the State Treasurer, or any sheriff or tax col- 
lector, the Board of Liquidation of the State Debt shall biennially 
for thirty days beginning on the first Monday of March, 1908, 
advertise in the official journal of the State, and in one news- 
paper published in the cities of New Orleans, Baton Rouge, 
Shreveport, Alexandria, Monroe and Lake Charles, and New Ibe- 
ria; as to funds received by and in the hands of sheriffs and 
tax collectors, said Board shall advertise for a like period in the 
same manner in one newspaper published in the parish where 
such collective officer exercises his office, giving notice of the time 
and place of the letting out of the State's deposits, the amount 
of security required, and inviting banks to bid for the custody 
thereof ; provided that as to the funds in the hands of the State 
Treasurer, said advertisement shall be first made thirty days 
prior to the expiration of the present contract with the fiscal 
agents of the State, and the first letting shall be for a period ex- 
piring April, 1910. Should there be but one bank in any parish 
authorized hereunder to bid for the funds received by or in the 
hands of any sheriff or tax collector, said Board is authorized to 
invite bids also from banks in contiguous parishes, when in their 
judgment deemed proper, otherwise bidders shall be limited to 
banks domiciled in said parish. As soon as possible after the 
expiration of the terms of advertisement herein fixed shall have 
expired, said Board shall meet at the capital and publicly open 
bids and make awards of said deposits as herein required. 

(2) As to funds belonging to or received in behalf of any par- 
ish or municipality of this State, the police jury or the munic- 
ipal council shall at the same time, in the same manner and un- 



96 

der the same regulations and penalties, as are provided for the 
control of the Board of Liquidation of the State Debt in refer- 
ence to funds received by and in the hands of sheriffs or tax 
collectors, advertise and let such, funds ; provided that said ad- 
vertisement shall be for a period of fifteen days. 

201 -c. (3) As to funds belonging to or received by any pub- 
lic board, commissions or body created by any special or general 
act of the General Assembly of the State, not held in the custody 
or possession of the State Treasurer, such board, commission or 
body shall advertise and let the deposits to the bank or banks 
domiciled w^ithin the territorial jurisdiction of such board, com- 
mission or body, or in case such jurisdiction does not extend over 
an even parish, then to any bank in the parish, in the same man- 
ner, at the same time, and under the same regulations and pen- 
alties as are prescribed herein for funds of parishes and munici- 
palities. 

(4) As to the funds belonging to or received by any board, 
commission or body created or controlled by any parochial or 
municipal government, the same shall be let as a part of the 
funds of such parish or municipality, and any interest earned 
thereon shall belong to the parish or municipality creating the 
same. 

(5) As to the funds deposited in the registry of any court or 
coming into the hands of the clerk of court or sheriff in any 
judicial proceeding, and not belonging to such officer, the same 
shall be deposited in the fiscal agency awarded the custody of 
the funds of the parish, the parish of Orleans excepted. In the 
parish of Orleans, such funds shall be deposited in the bank or 
banks offering the highest rate of interest consistent with the 
safety of such funds and giving security therefor, under such 
rules and regulations as may be prescribed by the judges of the 
Civil District Court. The interest thus earned shall accrue tO' 
the party or parties finally decreed to be entitled to the owner- 
ship of such funds. 

Section 3. All bids shall be sealed and indorsed on the envel- 
ope "Fiscal Agency Bid," and addressed to the State Auditor 
or to the authority letting such deposits, as the ease may be, and 



97 

shall be kept sealed until the meeting of the authority to award 
said funds. 

It is hereby declared a misdemeanor, punishable by fine not 
exceeding one thousand dollars ($1,000) or imprisonment not 
exceeding one year, or both at the discretion of the court, for any 
person prior to such meeting to break the seal of any envelope or 
covering enclosing such bid, or to examine the contents thereof. 

Section 4. Where the bids of two or more banks are equal, the 
award shall be made to such banks in such proportion as said 
banks may agree upon, and if they fail to agree, then in such 
proportion giving each a share, as the authority letting same may 
determine. 

Section 5. The compensation to be paid for the deposits afore- 
said shall be calculated on the daily balances as shown by the 
books of the State Treasurer, or of the treasurer of the parish, 
municipality or body, as the ease may be, and shall be paid on 
the first day of January of each year ; provided that the author- 
ity letting the deposit may end the contract as to all or any 
of such banks at any time, in the event that circumstances arise 
which in their opinion jeopardize the safety of such deposits, by 
giving thirty days' notice in writing to the bank or banks holding 
such deposits, and all such deposits shall be forthwith returned 
by such bank or banks upon the expiration of such period. And 
in case of such cancellation, the authority shall proceed as in ease 
of original lettings or relet the deposits theretofore deposited 
with such bank or banks for the unexpired term of such contract. 

Section 6. No funds of the State nor of any parish, munici- 
pality, board, commission or body therein, shall be awarded to 
any bank or banks as aforesaid or deposited therein, unless and 
until such bank or banks shall have given the security provided 
in this section. The successful bidder or bidders shall as security 
for the safekeeping and return of said deposits, deposit with the 
State Treasurer, or with the fiscal officer of the authority letting- 
such deposits, an amount of bonds of the United States, or of 
the State (except Baby Bonds) or of any parish, city, town or 
levee district therein, equal to 'the estimated average deposits of 
such authority, as determined by the record of the year pre- 
vious, or shall have given bond with a duly authorized surety- 
company as surety conditioned for the safe keeping and return 



98 

of such deposits and the payment of the interest thereon in a 
like amount ; provided that no surety company shall be accepted 
as surety on any bond for a greater sum than ten per centum of 
its capital and surplus; and provided further that such bank 
or banks may deposit the bonds aforesaid for part of the se- 
curity and g-ive surety bond for the balance in such proportion 
as it or they may see fit ; and provided further that where such 
deposits are divided between two or more banks, each may give 
security for its proportion of the total security required based on 
the proportion of such deposits awarded to it. 

Section 7. Where any successful bidder or bidders shall elect 
to deposit as security the bonds of any political subdivision of 
the State, such bonds must have a marekt value of at least equal 
to the par value thereof, and in case such bonds should depre- 
ciate in value, the authority shall have the right at any time to 
demand additional security to make up the deficiency. If, at any 
time, any depositary bank fail or suspend, or fail on due demand 
without just cause to pay over tniy funds so deposited with it, 
the State Treasurer, on the direction of the Governor, or other 
fiscal officer, with whom any bonds may have been deposited as 
security, on the direction of the authority which made such let- 
ting, may forthwith, after ten days' advertisement in the news- 
paper or newspapers in which proposals for bids must be adver- 
tised for by such authority, sell such bonds, or a sufficient amount 
thereof to cover the deposit and accrued interest thereon, by auc- 
tion at the customary place where judicial sales are made in the 
parish where such securities are held. In case any surety com- 
pany given as surety should fail, cease to do business, or liquid- 
ate, a new security shall be substituted within ten days from de- 
mand, else the contract for such deposits shall ipso facto term- 
inate and a reletting of said deposits shall be made. 

In case of any such default on the part of any fiscal agency 
as aforesaid, when a surety bond has been given as security, 
and the said surety company shall have failed, within thirty days 
after demand upon it, to pay the amount of such deposit with 
the accrued interest thereon, the State Treasurer, by direction 
of the Governor, or the fiscal officer, on the direction of the 
authority that let such deposit, as the case may be, shall institute 
suit in the name of the State or such authority, as the case may 



99 

be, against the .principal and surety, or both of them, on such 
bond for the recovery of the amount of such deposits and ac- 
crued interest and a penalty of ten per centum on the amount so 
sued for together with costs. Such suit may be brought either 
at the designated domicile of the plaintiff or the defendant ; and 
in case of any deficiency, the same shall be secured by first lien 
and privilege on all property and assets of said depositary. 

Section 8, In case it should become necessary for the State 
to obtain advances of money, or for any of the other authorities 
to borrow money in cases permitted by law, the bank or banks 
awarded the contract as fiscal agent or agents, shall advance the 
same at a rate of interest no greater than that allowed on the 
said deposit ; provided, the amount so advanced shall not exceed 
the amount on deposit to the credit of the State or such au- 
thority. 

Section 9. Wherever by any existing law or laws the deposit 
of the funds of any municipality, board, commission or body with 
any bank or banks paying the righest rate of interest consistent 
with the safety of such funds, and giving security therefor, is 
provided for, such law or laws shall remain in full force and 
effect and not be repealed or impaired hereby. Nor shall any 
existing contracts made in pursuance of any such law or laws be 
affected or impaired herebj^. Except as in this section provided, 
al] laws or parts of laws in conflict herewith are hereby repealed. 



EDUCATIONAL LAND GRANTS BY THE UNITED 

STATES TO LOUISIANA AND OTHER 

STATES TO JUNE 30, 1880. 

Grants and Reservations. 

The lands granted in the States and reserved in the Territo- 
ries for educational purposes by Acts of Congress from 1785 to 
June 30, 1880, were— 

FOR PUBLIC OR COMMON SCHOOLS. 

202. Every sixteenth section of public land in the State ad- 
mitted to 1848, and every sixteenth and thirty-sixth section of 
such land in States and Territories since organized — estimated 
at 67,893,919 acres. 



100 



FOR SEMINARIES OR UNIVERSITIES. 

203. The quantity of two townships, or 46,080 acres, in each 
State or Territory containing public land, and, in some instances, 
a greater quantity, for the support of seminaries or schools of a 
higher grade — estimated at 1,165,520 acres. 

FOR AGRICULTURAL AND MECHANICAL COLLEGES. 

204. The grant to all the States for agricultural and mechan- 
ical colleges, by Act of July 2, 1862, and its supplements, of 
30,000 acres, for each Eepresentative and Senator in Congress 
to which the State was entitled, of land "in place" where the 
State contained a sufficient quantity of public land subject to sale 
at ordinary private entry at the rate of $1.25 per acre, and of 
scrip representing an equal number of acres where the State did 
not contain such description of land, the scrip to be sold by the 
State and located by its assignee's on any such land in other 
States, and Territories, subject to certain restrictions. Land in 
place, 1,770,000 acres; land scrip, 7,830,000; total, 9,600,000 
acres. 

In all, 78,659,439 acres for educational purposes under the 
heads above set out to June 30, 1880. 

The lands thus ceded to the several States were disposed of 
or are held for disposition, and the proceeds used as permanent 
endowments for common school funds. (See Reports of the 
Commissioner of Education, Hon. John Eaton, to June 30, 1880 ; 
land and auditor's reports of the several land States; Kiddle & 
Sehem's Dictionary of Education; and also ninth census, E. A. 
Walker, superintendent, for details of endowments of the sev- 
eral States for common schools resulting from the sales of United 
States land grants for education.) As an illustration, the State 
of Ohio has a permanent endowment for education, called the 
"Irreducible State Debt," the result of sale of all granted lands 
for education, of $4,289,718.52. 

(Price op Seminary Lands, S. 2954, R. S.) — The price of the 
seminary lands shall hereafter be fixed at one dollar and twenty- 
five cents per acre. 

(Act 45, 1904: To Carry into Effect Articles 235 and 236 
OF THE Constitution of 1898 Relative to Inheritance Taxes. ) 



101 

205. (Disposition of Funds of Towns on the Recision op 
Thftr c-i si.i'ERS, S. 6, A. 173, '94.)— If after payinsr all the debts 
of sa'^l "iown (upon the dissolntion and recision of its charter) 
Iher,- Piall remain any iKilane^:' of money, the same shall be 
turned over to tha sch^. ; Ix.ard <;f the parish to be used in the 
education of the child t'Ki ^ ^' school age residing within the terri- 
tory cover::'d by said towti. 

206. (Prescription of Debts, Etc., S. 8, A. 103, '80.)— The 
term of prescrij)tion of any and all debts, due to any charitable 
institution in this State, and to any college fund, or any fund of 
any institution of learning, or to any fund bequeathed for char- 
itable purposes of education, and of all debts contracted by bor- 
rowing the whole or part of any such funds, shall be thirty years ; 
provided, the debt is evidenced in writing. 

207. (Free School Fund, S. 2957, R. S.)— The proceeds of 
all lands heretofore granted by the United States to this Sta.te 
for the use or support of schools, except the sixteenth section 
in the various townships of the State specially reserved by Con- 
gress for the use and benefit of the people therein ; and all lands 
which may hereafter be granted or bequeathed to the State, and 
not specially granted or bequeathed for any other purpose, which, 
hereafter may be disposed of by the State, and the ten per cent 
of the net proceeds of the sales of the public land which have 
accrued and to accrue to this State under the Act of Congress, 
entitled "An Act to appropriate the proceeds of the public 
lands, ' ' and to grant pre-emption rights, approved Septem.ber 4, 
1841 : and the proceeds of the estates of deceased persons, to 
which the State has or may become entitled by law, shall be 
held by the State as a loan, and shall be and remain a perpetual 
fund, to be called the Free School Fund, on which the State shall 
pay an annual interest of six per cent ; which interest, together 
with the interest of the Trust Fund deposited with this State by 
the United States, under the act of Congress approved the 23d 
of June, 1836, with the rents of all unsold lands, except that of 
the sixteentli sections, shall be appropriated for the support of 
public schools in this State; and donations of all kinds which 
shall be made for the support of schools, and such other means 
which the Legislature may from time to time set apart for school 
purposes, shall form a part of the fund, and shall also be a loan 



102 

on which the State shall pay an interest of six per cent per 
annum. 

208. It shall be the duty of the Treasurer of the State to 
apply annually, and to receive from the Greneral Government, 
the said ten per cent of moneys now due and to become due to 
this State, and to place the same, when received, to the credit of 
the proper fund, and to report thereon to each session of the 
General Assembly. 

209. (Special Sources of Revenue.) — 

1. Act 43 of '86. — Fines for the employment of children, 
young persons, and women in certain cases. 

2. Act 53 of '94. — Fine for hitching a noisy animal within 
eight hundred feet of a religious meeting. 

3. Act 85 of '94. — Residue from sale of unclaimed merchan- 
dise in warehouse. 

4. Act 124 of '90. — Residue from sale of unclaimed freight 
in railroad warehouse. 

5. Act 54 of '84. — From collection of notes on sixteenth sec- 
tion. 

6. Act 85, 1900. — Fines for violation of laws relative to "Pro- 
tection of deer." 

7. Act 119, 1900. — Fines for violation of laws relative to 
''Protection of birds." 

8. Act 143, 1900. — Fines for violation of laws relative to 
"Protection of sheep industry." 

9. Act 65, 1902. — Fines for violation of laws relative to "Pro- 
tection of game and animals." 

10. Act 124, 1902.— Proceeds from sale of "Sea marsh 
islands. ' ' 

11. Act 100, 1882.— Fine from failure of sheriff to comply 
with the law on ' ' Open list of poll tax payables. ' ' 

12. Act 89, 1888. — Fine for failure of assessors to report to 
school board a list of polls. 

13. See S. 2957, R. S.— From "Land Grants" other than the 
sixteenth section. 

14. Acts 39, 177, 1902.— From sale of "Internal Improve- 
ment" Swamp Indemnity Lands and Certificates. 



103 

15. See Act 27, 1875. — Fine from violation of laws relative to 
Inquests, etc. 

210. (Free Passage Over Certain Streams for Pupils, S. 

12, A. 214, '02.) — The free right of passage or conveyance over 
all public ferries, bridges and roads which are rented out by the 
State or parish, or over which the State or parish exercises any 
control, or for which license is paid or toll exacted, be and is 
hereby granted to all children on foot attending the pubKc 
schools ; and no tolls or fees shall be demanded or exacted from 
said children by the keepers or attendants of said ferries, bridges 
or roads in their passage to and from school between the hours of 
7 o'clock a. m. and 9 o'clock a. m., and 4 o'clock p. m. and 6 
o'clock p. m. ; provided, that on Sundays and holidays no chil- 
dren shall have the right to cross such ferries, bridges or roads 
on terms different from those of any ordinary passenger. 

211. (No School Open v^ith FtowER than Ten Pupils, S. 

13, A. 214, '02.) — No school of less than ten pupils shall be 
opened or maintained in any locality. 

212. (Branches TO be Taught; French; Length op Daily 
Session, S. 23, A. 214, '02, amended and re-enacted by A 133, 
'06.) — Be it further enacted, etc.. That the branches of orthog- 
raphy, reading, writing, drawing, arithmetic, geography, gram- 
mar. United States history, the laws of health, including the evil 
effects of alcohol and narcotics, shall be taught in every district. 
In addition to these, such other branches shall be taught as the 
State Board of Education and the parish school boards may re- 
quire; provided, that these elementary branches may also be 
taught in the French language in those localities where the 
French language is spoken; but no additional expense shall be 
incurred for this cause. No public school in the State shall be 
opened later than 9 a. m. or closed earlier than 3 p. m. ; this shall 
not be construed so as to prevent half day sessions where the 
school accommodations are insufficient for all the pupils of the 
district in a whole day session. Nor shall it interfere with any 
arrangements made for the conduct of the kindergarten schools ; 
provided, that in the parish of Orleans the Board of School 
Directors may fix the hours of session of the public schools. A 
school week shall consist of five days and a school month of 



104 

twenty days ; and no teacher shall be required to teach more than 
twenty days to be entitled to his or her salary for a school month. 

213. (Hygiene and Temperance, S. 1, A. 40, '88.)^ — In addi- 
tion to the branches, in which instruction is now given in the 
public schools, instruction shall also be given as to the nature of 
alcoholic drinks and narcotics, and special instruction as to their 
effects upon the human system in connection with the several 
divisions' of the subject of relative physiology and hygiene, and 
such subjects shall be taught as regularly as other branches are 
taught in said schools. Such instruction shall be given orally 
from a text-book in the hand of the teacher, to pupils who are 
not able to read, and shall be given by the use of text-books in 
the hands of the pupils in the case of those who are able to read, 
and such instruction shall be given as aforesaid to all pupils in 
all public schools in the State, to all the grades until completed 
in the high schools. 

213-a- (Spitting on School House Floor Prohibited, S. 1, 
A. 91, '08.) — Any person who shall spit upon the floor or 
walls of any passenger car, street car, depot or waiting room, 
court house, church house school house, or any other public 
building Avhatever, shall be deemed guilty of a misdemeanor and 
on conviction shall be fined in a sum not less than Five ($5) 
Dollars, nor more than Twenty-Five ($25) Dollars, and in de- 
fault of payment of fine and costs, shall be imprisoned in the 
parish jail for a period not exceeding ten days. 

213 -t»- (Providing that the Doors of School Houses Shall 
Swing OuTw^^RD, Act 91, '08.) — Section 1. All doors for ingress 
and egress to public school houses, churches, court houses, as- 
sembly rooms, halls, theatres, factories with more than twenty 
employees and of all other buildings of public resort whatever, 
where people are wont to assemble, shall be so swung as to open 
outwardly from the audience rooms, class rooms, halls, or work- 
shops ; ]yat such doors may be hung on double- jointed hinges, so 
as to open with equal ease outwardly or inwardly. 

Section 2. The provisions of this Act shall apply to all build- 
ings and houses within its terms, erected after its passage, from 
the date it becomes in force. As to all such buildings and houses 
heretofore erected, said provisions shall be applied from and 



105 

after the expiration of six months from the date when this Act 
became operative. 

213-c- Section 3. The president of the parish school board, 
the deacons, the stewards or the managers of any church, the 
president of the parish police jury, or the owner of any hall, 
"theater or factory, failing to comply with the provisions of this 
Act or to have same complied with as relates to any building or 
buildings under the control of the bodies over which they pre- 
side or of which they are a member, or to such building or build- 
ings owned by them, shall be guilty of a misdemeanor and upon 
conviction shall be fined not less than ten dollars nor more than 
one hundred dollars, and upon failure to pay such fine and costs 
shall be imprisoned in the parish jail for a period not exceeding 
ninety (90) days. 

Section 4. Provided that this Act shall not apply to factories, 
cotton seed oil mills and other like establishments where the 
doors for the purpose of protection against fire, are so arranged 
as to slide back and forth on rollers. 

214. (Text-Books in Physiology, S. 2, A. 40, '88.)— Th*- 
text-books used for the instruction required to be given by the 
preceding section {referring to the law in regard to the teaching 
of Hygiene and Temperance), shall give at least one-fourth of 
their space to the consideration of the nature and effects of alco- 
holic drinks and narcotics ; and the books used in the highest 
grades of graded schools shall contain at least twenty pages of 
matter relating to this subject. 

Text-books on physiology in use in the schools or at the time 
this Act takes effect, which are not in accordance with the re- 
quirements of this section, shall be changed for books satisfy- 
ing the requirements of this section, except when previous con- 
tracts as to such text-boo]\S are now in force. 

215. (School Holidays, Act 3, 1904.)— The following shall 
be considered as days of public rest and legal holidays and half 
holidays in this State, and no others, namely : 

Sundays, the first of January, the eighth of January, the 
twenty-second of February, Good Friday, June 3d, to be known 
as Confederate Memorial Day, the fourth of July, the first of 
November, the twenty-fifth of December, Thanksgiving Day, as 



106 

designated by the President of the United States, and all gen- 
eral election days, whether presidential, congressional, State, 
municipal or parochial, in the localities where said elections are 
held, and, in the Parish of Orleans, Mardi Gras, and the first 
Monday of September, to be known as Labor Day; and also, 
in cities and towns where the population shall exceed fifteen 
thousand, every Sv^turday, from twelve o'clock noon, until twelve 
o'clock midnight, to be known as a half holiday; and in all cities 
and towns whose populations exceed fifty thousand, Avhenever the 
first of January, the eighth of January, the twenty-second of 
February, June 3d, the fourth of July, the first of November, 
and the twenty-fifth of December, shall fall on a Sunday, the 
succeeding day shall be a legal holiday. 

216. (Exemptions from Jury Duty, S. 2, A. 89, '94.) — The 
following persons shall be exempted from serving as jurors, but 
the exemption shall be personal to them, and when they do not 
themselves claim the exemption it shall not be sufficient cause 
for challenging any person exempt under the provisions of this 
Act. * * * The Governor, Lieutenant Governor, State Au- 
ditor, State Treasurer, Secretary of State, Superintendent of 
Public Education, their clerks and employees, and all public 
officers commissioned under the authority of the United States. 
* * * professors and school teachers while employed in teach- 
ing. * * * 

216- a- (Sundry Acts on School Affairs) — 

Centenary College of Louisiana, formerly the College of Lou- 
isiana, to be investigated by a legislative committee. Act No. 
16, '08. 

Approving suit against Tulane, annulling pretended lease, Act 
No. 17, '08. 

To increase Salary of State Superintendent, a proposed con- 
stitutional amendment, Act No. 28, '08. 

Refund of money for erroneous sales of lands supposed to 
have been school lands, Act No. 148, '08. 

Giving school site to the City of Baton Rouge, Act No. 186, '08. 

Validating a special election for school purposes in Ward 
Eight of the Parish of Iberia, Act No. 235, '08. 



107 

Authorizing the Trustees of Minden Female College to trans- 
fer its property to the School Board of the Parish of Webster, 
Act No. 214, '08. 

Authorizing Auditor and Treasurer to invest sixteenth section 
proceeds in levee bonds, Act No. 54, 1900, and Act No. 226, '02. 

Authority of Institutions of Learning to confer literary de- 
grees, Act No. 96, 1900. 

Separating 1he city schools of Lake Charles from the Parish 
of Calcasieu, Act 90. '06. 

216- b- (School Libraries Established, A. 202, '06.) — 
"Whenever the patrons and friends of any individual school or 
grade of the free public schools in which a library has not 
already been established by the aid of the parish board of school 
directors, shall raise by private subscription or otherwise and 
tender to the treasurer of the parish public school funds, for the 
establishment of a library to be connected with such school or 
grade, the sum of ten dollars, and the parish treasurer has so 
advised the secretary of the parish board of school directors, the 
said board at its next quarterly meeting shall appropriate from 
the public school funds the sum of ten dollars for this purpose, 
and shall appoint the teacher in charge of said school or grade 
the manager of such libraries; provided further, that at times 
other than during the school term, the library shall be kept in 
a locked ease provided for under this Act. 

216-c- Section 2. Be it further enacted, etc., That as soon as 
the secretary of the parish board of school directors shall have 
received notice from the treasurer of the parish public school 
funds (and said notice should be served by the said treasurer, 
within five days after receipt of same) that a donation for a 
libray for a certain school or grade has been made, the said sec- 
retary shall inform the State Superintendent of Public Educa- 
tion of the fact, whereupon the said State Superintendent shall 
furnish the said secretary a list of public school library books 
and prices therefor, said books and prices having been approved 
by the State Board of Education. 

216-d- Section 3. Be it further enacted, etc.. That within five 
days after the parish board of school directors shall have made 
an appropriation for a library, the president and secretary of 
the board, with the assistance of th^ teacher in charge of the 



108 

school or grade for which the appropriation was made, shall select 
from the aforesaid approved list of books for public school libra- 
ries a list of books to be purchased for the said library, and shall 
submit the list of books to be purchased to the secretary of the 
board, who shall order the books at once, and payment for same 
shall be made by warrant upon the treasurer of the parish public 
school funds signed by the president and secretary of the parish 
board of school directors. Upon application of the parish super- 
intendent, the parish board of school directors shall furnish, to 
each library, at the expense of the public school funds, a neat 
bookcase, with lock and key. 

216 -e- Section 4. Be it further enacted, etc., That the local 
manager of every libray shall carry out such rules and regula- 
tions for the proper use and preservation of the books as may be 
established by the State Superintendent of Public Education, 
and shall on or before the tenth day of January of each year 
make to the State Superintendent of Public Education such re- 
port as he may require. 

216-f- Section 5. Be it further enacted, etc., That when the 
patrons and friends of any individual school or grade of the 
public school in which a library has been established for one 
year under the preceding sections of this Act, shall raise by pri- 
vate subscription or otherwise and tender to the treasurer of the 
parish school funds the sum of five dollars for the enlarge- 
ment of the library, the parish board of school directors shall 
appropriate from the money belonging to that school or grade 
not less than the sum of five dollars nor more than fifteen 'iol- 
lars. The money thus collected and appropriated shall be used 
for the enlargement of libraries already established under the 
same rules and restrictions as govern the establishment of new 
libraries; provided, that no more than one such appropriation 
shall be made each year for each school or grade. 

216 -g- Section 6. Be it further enacted, etc.. That the legal 
possession and ownership of the books, cases and other append- 
ages of the school or grade library, shall be and remain in the 
parish board of school directors and their successors in office, and 
that the felonious destruction or takino' and carrying away 
thereof, or any part thereof, or any books, article, apparatus or 
furniture, from or belonging to any public school house owned or 



10!) 

used for public school purposes shall and is hereby de- 
clared to be larceny, and the breaking into such school 
house at night, with intent to commit larceny, as herein 
set forth, or any felony, shall and is hereby declared to 
be burglary, and that any larceny or burglary so com- 
mitted shall be punished as in other cases under existing 
statutes. 

217. (Accountability of Pupils to Teachees, Suspensions, 
S. 61, A. 214, '02.)— The teacher shall faithfully enforce in the 
school the course of study and the regulations prescribed in pur- 
suance of law; and if any teacher shall willfully refuse or neg- 
lect to comply with such requirements, the parish superintendent, 
on petition or complaint which shall be deemed sufficient by the 
board, may remove or dismiss him or her. Every teacher shall 
have the power and authority to hold every pupil to a strict 
accountability in school for any disorderly conduct on the play- 
grounds of the school or during intermission or recess, and to 
suspend from school any pupil for good cause; provided, that 
such suspension shall be reported in writing as soon as practica- 
ble to the parish superintendent, whose decision shall be final; 
and provided further, that in the Parish of Orleans the prin- 
cipals of schools shall suspend and report the same to the super- 
intendent for approval or further action. 

CITY SCHOOLS. 

Note. — Sec. 73 is part of Act 167, 1904. All others included between 
Sections 71 and 81 inclusive, are parts of Act 214, '02. 

218. Section 71. Be it further enacted, etc., That all the 
public schools of the Parish of Orleans, and the property and 
appurtenances thereof, and the course of study and grading 
thereof, shall be under the direction and control of a board of 
directors. 

219. (Organization op School. Board; Duties op Secre- 
tary, S. 72, A. 214, '02.)— Be it further enacted, etc., That 
said board of directors of the public schools of the Parish of 
Orleans shall be a body corporate in law, with power to sue and 
be sued. Eleven members shall constitute a quorum for the 
transaction of business. Legal process shall be served on the 
president; in his absence or inability to act, on the viee-pres- 



110 

ident. The City Attorney shall act as attorney for the board. 
The board shall be organized within ten days after appointment, 
with a president and vice-president chosen from among its mem- 
bers, and a secretary, who shall not be a member of the board. 
In addition to the duties of his office, which may be fully pre- 
scribed by the board, the secretary shall make a quarterly report 
to the State Superintendent of Education of the cost of main- 
taining the city schools, and shall keep the accounts of said 
board in such manner as to be in strict accordance with such 
budget as it may adopt, certifying to said board at each monthly 
meeting the expenses of said board for each current month. Said 
board shall have control of all buildings, records, papers, fur- 
niture and property of any kind pertaining to the administration 
of the schools, and shall have management of all the public 
schools within the limits of the City of New Orleans. The said 
board shall also have power to pledge its revenues for the year 
then current, whether received from the State, parish, Board of 
Liquidation of City Debt, or otherwise, for the purpose of 
promptly paying its obligations, or for such other purposes as 
to said board may seem proper. 

Section 73. Be it further enacted, etc.. That in addition to the 
powers and duties hereinbefore granted to and imposed upon 
parish boards, the powers and duties of said board of directors 
of the Parish of Orleans shall be as follows : 

220. First. It shall adjust and fix equitably the salaries of 
teachers and janitors, secretary, employees, and of such assistant 
superintendents as it may deem necessary for an efficient super- 
vision of the school. 

221. Second. It shall limit the annual expenses of maintain- 
ing the schools to the annual revenue, and the expense for any 
one month shall not exceed the one-ninth part of the whole 
amount provided for the schools. 

222. Third. It shall prescribe rules for subjecting teachers 
or candidates for teacherships to a careful competitive examina- 
tion on all such branches as they are expected to teach, and no 
person shall be elected to a position as teacher without a favor- 
able report on his moral or mental qualifications by an organized 
committee of examiners appointed by the board. Teachers reg- 
ularly examined and elected shall not be removed from the 



Ill 

schools during the time for which employed, except on written 
charges of immorality, neglect of duty, incompetency or malfea- 
sance of which he has been found guilty by a majority of the 
members of the board at a regular monthly meeting. The said 
board may except from said examination any person who has 
passed a satisfactory examination, as required by Act No. 23 
of 1877, approved March twenty-sixth (26th), eighteen hundred 
and seventy-seven (1877). 

223. Fourth. It shall elect all teachers from among the can- 
didates holding certificates in the order of their merit, as shown 
by the averages attained at the regular competitive examinations. 

224. Fifth. All certificates shall be good for five years and 
shall be graded by the said board ; provided, teachers in service 
shall not be required to stand future examinations. 

225. Sixth. It shall hold regular monthly meetings on a day 
fixed by it. 

226. Seventh. It shall declare vacant the position of any of- 
its members who shall have failed to perform the duties assigned 
to him, or who shall have absented himself from two successive 
monthly meetings of the board without leave, or shall have been 
guilty of any breach of decorum, or of any other act inconsist- 
ent with the dignity of a school director; and it shall report 
each vacancy to the bodj^ by which delinquent member shall 
have been previously elected or appointed; it shall be the duty 
of the board of directors of city schools elected and appointed 
under the provisions of this Act to examine and scrutinize per- 
sonally the accounts of their predecessors, in order to find out 
if their administration of the school funds committed to their 
charge for disbursement has been in accordance with law, so that 
in the future a proper administration of the city schools may be 
had. 

227. Eighth. It may establish, when practicable, evening 
or night schools for the instruction of such youth as are pre- 
vented by their daily vocation from receiving instructions during 
the day. 

228. Ninth. It may establish, when deemed advisable, one 
or more normal schools for the professional training and im- 
provement of candidates for teacherships, including the course 



112 

of instruction and training, lectures in the natural sciences, and 
on the method of teaching and disciplining children, and the 
practical exercises of non-teaching students in model classes or- 
ganized for that purpose by the faculty of the institution. To 
graduates of these normal schools, also to proficient students 
in the city high schools the board may, at its discretion, award 
diplomas. Graduates of these normal schools may be deemed 
preferred candidates for vacant position in the city public 
schools. Diplomas awarded to graduates of these normal schools 
shall be deemed equivalent to teaching certificates of the highest 
grade for public schools ; provided, that the final examinations 
for graduation from said normal school shall be conducted in 
the same manner and include the same subjects as the public 
competitive examinations required by paragraph three (3) of 
this section. 

229, Section 75. Be it further enacted, etc., That the said 
board is authorized to appoint for the constant supervision and 
periodical examinations of the public schools of the Parish of 
Orleans, a competent and experienced educator to be designated 
as superintendent. He shall aid the directors in organizing the 
schools and in improving the methods of instruction therein, in 
examining candidates for teacherships, and in conducting pe- 
riodical examinations of pupils for promotion through the 
respective grades of the schools, and in maintaining general uni- 
formity and discipline in the management of all the schools. He 
shall make monthly reports on the condition and needs of the 
schools to his board of directors at their regular monthly meet- 
ings. For the information of the Common Couneil, the city 
school directors, and the public generally, he shall, on or before 
the fifteenth day of January of each year, publish a printed 
report, in book form, showing the condition and progress, and 
possible improvements to be made in the public schools of the 
city, the amount and condition of the school funds, how the 
revenues have been distributed during the past year, the amount 
collected and disbursed for common school purposes from the- 
general current school fund of the State, from local taxation or 
appropriation, and from all the other sources of revenue, and 
how the same was expended for buildings, repairs, salaries, fur- 
niture, and apparatus, and all other items of expenditure. The 



113 

report shall show, also, the number of pupils enrolled, male, 
female, white and colored, the number and location of school 
houses, the number of teachers employed in the various grades, 
in the normal, high, gi^ammar, primary, and kindergarten 
schools; it shall contain, also, an account of examinations held 
for' teacherships, the number of certificates of each grade 
awarded, the names of applicants who received them, and gen- 
erally all other items of information which should be contained 
in a report upon the annual operation of the school system of a 
large city. Copies of this report shall be forwarded, one each, 
to the Governor and members of the State Board of Education, 
the State Superintendent of Education, the members of the Com- 
mon Council of the City of New Orleans, and to other officials 
and persons interested in the welfare and progress of the city 
schools. Whenever notified to be present, he shall attend meet- 
ings of the State Board of Education. He shall hold his office 
for a term of four years, subject to removal by the board for 
incompetency, neglect of duty or malfeasance, of which, after 
an impartial hearing by the board, he shall have been adjudged 
guilty. He shall be ex-officio a member of said board, entitled 
to participate in its deliberations and debates, and in the ex- 
amination of candidates for teacherships; but he shall not cast 
a vote in the board. 

230. Section 76. Be it further enacted, etc., That the treas- 
urer of the City of New Orleans shall ex-officio be the treasurer 
of said board and shall receive all funds apportioned by the 
State to such city, or received or collected for the support of the 
free public schools from any and all sources. He shall give bond, 
with good and solvent security, in the sum of ten thousand dol- 
lars ($10,000) in favor of the president of said board and his 
successors in office, to be accepted and approved by said board 
and recorded in the mortgage office of the parish, and which 
bond shall then be filed and kept on record in the office of the 
said board. The filing of said bond, and taking and filing the 
usual oath of office before any officer authorized to administer 
the same, shall qualify the treasurer to act. 

231, Section 77. Be it further enacted, etc., That said treas- 
urer shall hold his office for four years, or during his term of 
office as city treasurer, unless sooner removed after due trial 



114 

and hearing- by the said board, for neglect of duty or malfeasance 
in office; and, in case of removal by the board/ it shall elect a 
treasurer who shall not be a member. He shall receive the sum 
of six hundred dollars per annum for the trouble and expense 
which may be incurred by him in the discharge of the duties im- 
posed under this Act, payable monthly. He shall keep his office 
open at all such times as may be prescribed by said board, for 
the payment of pay rolls or checks in favor of teachers and 
other employees of the board. 

232. Section 78. Be it further enacted, etc., That the mayor, 
treasurer and comptroller of the City of New Orleans shall be 
ex-officio members of the said board and entitled to take part 
in all the debates and deliberations in said board on the ways 
and means of maintaining the public schools of said parish, but 
they shall not have the right to vote. 

233. Section 79. Be it further enacted, etc., That in addition 
to the duties imposed upon, the parish board of directors, it shall 
be the duty of said board for the Parish of Orleans to present 
to the Common Council of the City of New Orleans, on the 10th 
day of December of each year, a full report of the condition of 
the city schools, showing the number of teachers and other em- 
ployees and their salaries; the number and location of school 
houses, with the condition thereof, and the estimated cost of 
keeping all appurtenant grounds in good repair during the 
ensuing year, also a detailed exhibit of all receipts and expendi- 
tures of the board for the schools during the previous twelve 
months ; said report shall be accompanied with a statement cer- 
tified, by the officers of the board of the daily average attend- 
ance of pupils during the annual session, and the average 
expenses per capita of their instruction. 

234. Section 80. Be it further enacted, etc., That it shall be 
the duty of the Common Council of the City of New Orleans, in 
making up their budget of annual expenses, to include therein 
the amount necessary to meet the expenses of the schools, as 
shown by the statement of the actual attendance, and the cost 
of instruction required by the preceding section, with such 
additional allowance for probable increased attendance and con- 
tingent expenses as may seem just and reasonable to the City 
Council, and to keep in good repair all school houses and school 
ii;'rounds belonging to the city. 



115 

235. Section 81. Be it further enacted, etc., That this Act 
shall go into effect from and after its passage; and nothing in 
this Act shall be so construed as to vacate the oftiee of any 
teacher until the expiration of the term for which he or she shall 
have been appointed under existing laws, nor as requiring guch 
persons now teaching in the public schools of the City of New 
Orleans to qualify in accordance with this Act, or to pass siich 
examinations as are otherwise demanded by paragraph five of 
Section 75, and that all laws in conflict with the provisionis of 
this Act be, and the same are hereby repealed, except Acts passed 
at the present session of the General Assembly. Provided, fur- 
ther, that the adoption and promulgation of this A.et will not 
interfere with the present organization of the New Orleans 
board, but that said board and its members siaall continue in 
office and vacate office as now provided in Section 62 of Act SI 
of 1888, as if this law had not been enacted. 

236. (City Council Authorized to Estabi ish, S. 1377, 11. 
S.) — The Common Council of the City of New Orleans are au- 
thorized to establish one or more public schools in each district, 
for the gratuitous education of the children residing therein; 
to enact ordinances for the organization, government and disci- 
pline of the same, and to levy taxes for their support, as to 
them may seem proper. 

237. (Report to State Superintendent, S. 1378, E.. S.) — 
The Council shall make a report annually to the Superintendent 
of Public Education of the disposition of the school funds, and 
communicate all other information respecting public education 
which they may possess and which may be called for by him. 

238. (School Books for Indigent Pupils, Act 55 of '02.) — 
Section 1. Be it enacted, etc., That the board of directors of 
the public schools for the Parish of Orleans shall appropriate 
annually not less than the sum of two thousand dollars, or as 
much thereof as may be needed for the purchase of school books 
to be used for pupils in the primary grades of the public schools 
of the Parish of Orleans. 

239. Section 2. Be it further enacted, etc., That said board 
of directors shall furnish school books to all pupils in the pri- 
mary grades in the public schools throughout the Parish of 
Orleans who are unable to provide themselves with the requisite 



116 

books. In order to obtain sneh books for pnpils who are unable 
to provide themselves with same, it shall be necessary for parents 
or guardians of such children to make written application to said 
board through the principals of school or to the Superintendent 
to that effect, on forms to be provided by said board ; and it shall 
be also necessary for such parents or guardians to attest said ap- 
plication before any public authority, authorized to administer 
oaths, or before the said Superintendent, or before the principal 
of schools, who are hereby authorized to receive and administer 
such attestations. 

240. (The Position of the Teacher Permanent, S. 1. A. 
166, '08, amending and re-enacting Sec. 74 of Act No. 81, '88.) — 
That nothing in this act shall be construed as to vacate the 
office of any teacher for which he or she shall have been ap- 
pointed under existing laws, nor as requiring such persons now 
teaching in the public schools of the Parish of Orleans to qualify 
in accordance with this Act, or to pass such examinations as are 
otherwise required by paragraph 5 of Section 64 of this Act. 

241. All teachers now employed in said public schools, and 
those occupying positions as principals and vice-principals in said 
schools, shall be regarded as permanent employees of said Board 
of Directors of the Public Schools for the Parish of Orleans, and 
said teachers shall not be removed from office, nor said principals 
or vice-principals deposed or removed from such positions, except 
for cause, in the manner and form as set out in paragraph 3 of 
said Section 64 of this Act; provided, that the marriage of a fe- 
male teacher at any time shall ipso facto vacate her position. 

242. All teachers hereafter appointed in said schools, and all 
principals and vice-principals elected by said board hereafter, 
shall be appointed permanently and shall not be subject to re- 
moval except for cause, and as set out in paragraph 3 of Section 
64 of this act. 

(Louisiana State University and A. and M. College, Act 
47, '70; A. 14, '67; A. 96, '60; A. 121, '69; A. 228, '58; A. 
303, '67 ; A. 72, '69 ; A. 145, '76 ; A. 20, '75 ; A. 65, '77 ; A. 
125, '74; A. 141, '94; A. 75, '96; A. 152, '02; A. 100, '86; 
See Constitution '98.) 

243. (Object of the Institution, Act 145, '77.) — The Lou- 
isiana State University and Agricultural and Mechanical Col- 



117 

lege, as hereinafter created, shall have for its object to become 
an institution of learning, in the broadest and highest sense, 
where literature, science and all the arts may be taught; where 
the principles of truth and honor may be established,' and a noble 
sense of personal and patriotic and religious duty inculcated; 
in fine, to fit the citizen to perform justly, skillfully, and mag- 
nanimously all the offices, both private and public, of peace and 
war. 

244. (General Instruction, Act 145, 77.) — The Louisiana 
State University and Agricultural and Mechanical College, as 
hereinbefore created, shall provide general instruction and edu- 
cation in all the departments of literature, science, art, and in- 
dustrial and professional pursuits; and it shall provide special 
instruction for the purpose of agriculture, the mechanic arts, 
mining, military, science and art, civil engineering, law, medi- 
cine, commerce and navigation. 

Note. — See L. S. IT. catalogue for degrees conferred. 

245. (Branches to be Taught, Act 145, '77.) — There shall 
be maintained in the Louisiana State University and Agricul- 
tural and IMechanical College, as hereinbefore constituted and 
established : 

First — Schools of literature, including the languages of the 
principal nations of ancient and modem times, philosophy, logic, 
rhetoric and elocution, history, ethics, metaphysics and such 
other and special branches of learning as the board of super- 
visors may determine. 

Second — Schools of science, including mathematics, astron- 
omy, engineering, architecture, drawing, physics, chemistry, 
botany, zoology, agriculture, mechanics, mining, navigation and 
commerce, and such other special branches of learning as the 
board of supervisors may determine. 

Third — ^Schools of the useful and fine arts, and of military- 
science and art. 

Fourth — ^Sehools of medicine and law. 

Fifth— Such other schools as the board of supervisors may 
establish. 

246. (Affiliation With Any Incorporated Institution, 
Act 145, '77.) — The board of supervisors may affiliate with the 



118 

Louisiana State University and Agricultural and Mechanical 
College any incorporated university or college, or school of medi- 
cine, law or other special course of instruction, upon such terms 
as may be deemed expedient; and such university, college or 
school may retain the control of its own property, have its own 
board of trustees, faculties and president respectively; and the 
students of such universities, colleges or schools recommended 
by the respective faculties thereof, may receive from the Lou- 
isiana State University and Agricultural and Mechanical Col- 
lege, the degrees of those universities, colleges or schools, and the 
said students of learning or special schools, thus graduated, 
shall rank as graduates of the Louisiana State University and 
Agricultural and Mechanical College. 

246-a- (Beneficiary Cadets.) — Each parish, as now created, 
or that may hereafter be created in the State, shall have the right 
to delegate to the Louisiana State University and Agricultural 
and Mechanical College one beneficiary cadet, and the City of 
NeAv Orleans shall have the right to delegate to said institution 
seventeen beneficiary cadets; or one from each ward of said 
city, said beneficiaries to remain at said institution four years, 
unless sooner graduated or otherwise discharged ; provided, that 
no beneficiary cadet shall be permitted to resign from said insti- 
tution, without the consent of the board of supervisors thereof, 
which consent shall be given only in a case of urgent necessity, 
such as serious and long protracted ill health, duly declared by 
the certificate of the surgeon of said institution, or other com- 
petent physician, be of such a nature as to render it impossible 
for said cadet to pursue his studies with advantage. 

246 -b. (Police Juries and City Councils to Elect Bene- 
ficiaries.) — The police jury of each parish and the city council 
of New Orleans, respectively, may at a regular meeting elect 
the number of beneficiary cadets to which said parish or city is 
entitled as aforesaid, of such age and qualifications as may be 
prescribed by the board of supervisors for admission to the col- 
lege classes of said University and Agricultural and Mechanical 
College ; and shall cause the beneficiary so selected to report in 
person at said institution on or before said 5th day of October ; 
provided, that said beneficiary cadet shall be selected from the 
number of those residents of said parish or of said city, who 
have not themselves, nor have their parents, the means of defray- 



119 

ing tlie whole of their necessary expenses of maintenance and 
support at said institution, which facts shall be duly certified 
to the president of said institution, by the president of said police 
jury, or said city council of the New Orleans, as true, to the 
best of his knowledge and belief. 

246 -c. (Authority OF the Police Juries and City Council 
OF New Orleans to Appropriate Funds for Beneficiaries.) — 
For maintenance and board of said beneficiaries in said institu- 
tion, the police juries of the several parishes and the city council 
of the City of New Orleans, be and are hereby authorized and 
empowered to appropriate out of their respective treasuries, a 
sufficient sum to defray the necessary expenses of said cadets as 
appointed under the provisions of this act; provided, that the 
expense of no cadet shall exceed two hundred and fifty dollars 
($250) per annum; provided, that under no circumstances shall 
any part of this sum be paid by the State. 

247. (Eecognition of the Degrees Conferred, Act 93, 
'08.) — Be it enacted by the General Assembly of the State 
of Louisiana, That all diplomas or degrees, whether literary or 
scientific, academic or professional, granted by the Board of Su- 
pervisors of the Louisiana State University and Agricultural 
and Mechanical College upon the recommendation of the faculty 
of said institution shall be recognized by the courts and other 
officials of Louisiana as entitling the graduates holding said 
diplomas or degrees to the same rights, immunities and privilesc; 
in the State of Louisiana as the diplomas or degrees of any other 
institution of learning whatsoever. 

248. (Benefits of the Carnegie Ftjnd Allowed. Act 219, 
'08.)— Be it resolved by the House of Representatives of 
the State of Louisiana, the Senate concurring, That the Board 
of Supervisors of the Louisiana State University and Agricul- 
tural and Mechanical College is hereby authorized to accept the 
offer of the Board of Trustees of the Carnegie Foundation to 
admit State universities to the benefits of the retiring allowance 
system of said Foundation. 

249. (Authority to Charge Tuition Fees, Act 227, 
'08.) — Be it enacted by the General Assembly of the 
State of Louisiana, That Section 1 of Act No. 152 of 1902, enti- 
tled "An Act authorizing the Board of Supervisors of the 



120 

Louisiana State University and Agricultural and Mechanical 
College to determine the fees of students or cadets," shall be 
amended and re-enacted so as to read as follows: 

Section 1. That the Board of Supervisors of the Louisiana 
State University and Agriciiltural and Mechanical College shall 
have power and authority to determine what fees and other 
charges shall be paid by students or cadets ; provided, that no 
fee for tuition shall be charged to any student or cadet who is 
a bona fide resident of the State of Louisiana unless said stu- 
dent or cadet be pursuing a special, graduate, or professional 
course of study. 

250. (Establishing a Chair of Forestry, Act 242, 
'08.) — Be it enacted by the General Assembly of the 
State of Louisiana, That it is hereby made the duty of the 
Board of Supervisors of the Louisiana State University and 
Agricultural and Mechanical College at Baton Rouge, La., to 

'establish and maintain a Chair of Forestry in said University 
for the purpose of teaching the care, protection and conserva- 
tion of the forests of this State. 

(State Normal School, Act 73, '92; A. 61, '86; A. 23. '88; 
A. 70, '02; A. 91, '96; A. 158, '02; A. 51, '84. See Constitu- 
tion, '98.) 

251. (Object; To Whom Open, S. 1, A. 73/ '92.)— The 
State Normal School, located at Natchitoches, in the Parish of 
Natchitoches, in conformity with Sections 4 and 8 of Act No. 51 
of 1884, shall have for its object to train teachers for the public 
schools of Louisiana, and shall be open to white persons of either 
sex of age and qualifications as may be hereinafter prescribed. 

252. (Departments and Classes, S. 6, A. 73, '92.)— The 
State Normal School shall contain two departments, the Normal 
Department and the Practice School. The course of study of 
the Normal Department may extend over a period of four years, 
and shall embrace thorough instruction and training in the his- 
tory and science of education, the theory and practice of teach- 
ing, the organization and government of schools and such other 
branches of knowledge as may be deemed necessary to fit. the 
students for the varied work of a complete system of public 
schools. The Practice School shall consist of such grades or 
classes, with such course of study, as the Board of Adminis- 



121 

trators may deem useful in giving the Normal students the neces- 
sary practice in the art of teaching. 

253. (Qualifications for Admission, S. 7, A. 73, '92.) — 
Applicants for admission to the Normal Department must be at 
least fifteen years of age if female, and sixteen years of age if 
male ; must give satisfactory evidence of good moral character 
and of requisite proficiency in the ordinary branches of a good 
common school education ; and must declare in writing their full 
intention of continuing in the school until graduation, unless 
sooner discharged, and of teaching in the public schools of Lou- 
isiana for at least one year after graduation. 

254. (TxnTiON Free, Except in Some Instances, S. 8, A. 
73, '92.) — Tuition shall be free to all students of the Normal 
Department who fulfill all the requirements imposed by Section 
7 of this Act. and to the pupils of the primary grades of the 
Practice School. All other students shall be charged such fees 
for tuition as may be prescribed by the board of administrators. 

254-a- (Beneficiary Students to State Schools, A. 158, 
'02.) — Each police jury of the several parishes of the State 
shall have the right to delegate to the Louisiana Industrial In- 
stitute at Ruston, or the Southwestern Louisiana Industrial 
Institute at Lafayette or the State Normal School, one (1) 
female student, and the City of New Orleans shall have the right 
to delegate to said institutions one female student from each 
ward of said city, said beneficiaries to remain at said institutions 
until graduated or otherwise discharged; provided no benefi- 
ciary shall be permitted to resign without the consent of the 
board of supervisors of the institute, which consent shall be 
given only in case of urgent necessity such as serious or long 
protracted ill health, duly declared by certificate of the physician 
of such institute or other competent physician, to be of such 
nature as to render it impossible for said student to pursue her 
studies with advantage. 

254-b- Section 2. Be it further enacted, etc.. That the police 
jury of each parish and the city council of New Orleans, re- 
spectively, may at a regular meeting select said beneficiaries sub- 
ject to and after competitive examination and of such age and 
qualifications as is prescribed by the rales of such institutes ; 
provided, said beneficiaries shall be residents of such parish or 



wards wlio have not themselves nor have their parents the means 
of defraying the whole of the necessary expenses of maintenance 
and support at said institute, which fact shall be duly certified 
to by the president of the police jury or ward of said city. 

254-c- Section 3. Be it further enacted, etc., That for the 
maintenance and board of said beneficiaries at said institutes, the 
police jury Df the several parishes and the city council of New 
Orleans be, and are hereby, authorized and empowered to appro- 
priate out of their respective treasuries a sufficient sum to defray 
the necessary expenses of said students as appointed under pro- 
visions of this act ; provided the expense of no beneficiary shall 
exceed two hundred and fifty dollars ($250) per annum. 

255. (State Normal School Diplomas, Act 91, '96.)— The 
Board of Administrators of the State Normal School is hereby 
empowered to confer diplomas upon all gradautes of said school. 
This diploma shall entitle the holder to a first grade teacher's 
certificate without examination, and shall be valid in any part 
of the State for four years from the date of graduation, after 
the expiration of which time it may be renewed^ every four 
years, for the same period, by said Board of Administrators 
upon satisfactory evidence of the ability, progress and moral 
character of the teacher making application for such renewal. 
Furthermore, the diploma of the State Normal School shall enti- 
tle its holder to such degree of preference in the selection of 
teachers for the public schools of the State as may be deemed 
wise and expedient by the State Board of Education. 

Section 2. Be it further enacted, etc., That all laws, or parts 
of laws, in conflict with the provisions of this Act be and the 
same are hereby repealed. 

(Louisiana Industrial Institute, Act 68, '94; A. 158, '02. 
See Constitution '98.) 

256. (Industrial College; Object, Location, Privilege, 
A. 68, '94.) — An Industrial Institute and College is hereby es- 
tablished for the education of the white children of the State of 
Louisiana in the arts and sciences. Said Institute shall be known 
as "The Industrial Institute and College of Louisiana," and 
shall be located at Huston, Lincoln Parish, La., provided said 
town and parish shall donate ten thousand dollars ($10,000) to 



123 

said Institute, and the same shall be organized as hereinafter 
provided. (See Constitution '98, name.) 

257. (Branches to be Taught, A. 68, '94.) — The said board 
of trustees shall possess all the power necessary and proper for 
the accomplishment of the trust reposed in them, viz: The es- 
tablishment of a first-class Industrial Institute and College for 
the education of the white children of Louisiana in the arts 
and sciences, at which such children may acquire a thorough 
academic and literary education, together with a knowledge of 
kindergarten instruction, of telegraphy, stenography and pho- 
tography, of drawing, painting, designing and engraving in 
their industrial application ; also a knowledge of fancy, practical 
and general needle work ; also a knowledge of bookkeeping and 
agricultural and mechanical arts, together with such other prac- 
tical industries as from time to time may be suggested to them 
by experience, or such as will tend to promote the general objects 
of said Institute and College, to-wit: Fitting and preparing 
such children, male and female, for the practical industries of 
the age. 

(Southwestern Louisiana Industrial Institute, A. 162, 
'98; A. 158, '02.) 

258. (Establishment, A. 162, '98.) — Be it enacted by the 
General Assembly of the State of Louisiana, That a State Indus- 
trial Institute is hereby established for the education of the 
white children of the State of Louisiana, in the arts and sciences. 

Said Institute shall be known as the ' ' Southwestern Louisiana 
Industrial Institute," and shall be located in that parish of the 
13th Senatorial District which Avill offer the best inducement 
therefor to the Board of Trustees, said location to be made by 
the Board to be appointed under this Act, provided that the 
parish selected for the location of said Institution shall donate 
not less than twenty-five acres of land and five thousand dollars 
to said Institution, and the same shall be organized as herein- 
after provided; provided further, that in case two or more of 
said parishes offer the same inducements then the Board of 
Trustees shall select, by a majority vote, the most suitable loca- 
tion and make report thereof to the Ceneral Assembly of the 
State of Louisiana, at its next session, together wtih such recom- 



124 

mendations as may be conducive to the best interests of said 
institution. 

259. (BrxVNches Taught, Etc.) — The Board of Trustees 
shall possess all the powers necessary and proper for the accom- 
plishment of the trust reposed in them, viz : The establishment 
of a first-class Industrial Institute for the education of the white 
children of Louisiana in the arts and sciences, at which such 
children may acquire a thorough academic and literary educa- 
tion, together with a. knowledge of kindergarten instruction, of 
telegraphy, stenography and photography, of dra^\dng, painting, 
designing and engraving in their industrial applications ; also 
a knowledge of fancy, practical and general needle- work; also 
a knoM'-ledge of bookkeeping and agricultural and mechanical 
art together with such other practical industries as, from time 
to time, may be suggested to them by experience, or such as will 
tend to promote the general object of said Institute to-wit: 
Fitting and preparing such children, male and female, for prac- 
tical industries of life. 

*(TuLANE University of Louisiana, A. 43, '84; A. 94, 
'90; A. 81, '60; A. 320, '55; A. 267, '55; A. 269, '55 See 
Constitution '98.) 

260. (Departments op the University, S. 1353, R. S.) — The 
University shall be composed of the following departments or 
faculties, to-wit: Law, Medicine, the Natural Sciences, Letters 
and College proper, or Academical Department ; all of which, as 
the resources of the University increase, shall be completed and 
the administrators, excepting the Medical Department, which 
shall be composed of and formed by the Medical College of Louis- 
iana, as at present organized and established by law; which 
said department, as hereafter provided for, shall be engrafted 
on the University, and be conducted as hereafter directed. 

261. (Powers of the Board op Administrators, S. 1354, 
R. S.) — The administrators shall have the power to direct and 



*Tulane University does not belong to the free public school system 
of Louisiana, but on account of the general benefits extended by its 
scholarship system, its agreement with the State, its relations as the 
successor to the "University of Louisiana," and the fact of its being 
the most distinguished and successful of all the private educational 
institutions for which special legislation has been enacted. Information 
of public interest in regard to Tulane is embraced in this compilation. 



125 

prescribe the course of st^^dy and the discipline to be observed 
in the University ; to appoint by ballot, or otherwise, the pres- 
ident of the University, who shall hold his office at the pleasure 
of the board and perform the duties of a professor; to appoint 
professors, tutors and ushers to assist in the government and 
instruction of the students, and such other officers as they may 
deem necessary, they being removable at the pleasure of the 
board. They shall fix the salaries of the president, professors 
and tutors, in the Academic Department, and fill vacancies in 
the professorships. Vacancies in the Law or Medical Depart- 
ment shall be filled from persons first recommended to the admin- 
istrators by the faculty of the department in which a vacancy 
may happen. No professor, tutor, or other assistant officer shall 
be an administrator of the University. 

262. (By-Laws and Regulations, S. 1358, R. S.)— They 
shall have power to make all ordinances and by-laws which to 
them shall seem expedient for carrying into effect the design 
contemplated by the establishment of this University, not incon- 
sistent with the Constitution of the United States and of this 
State, nor with he provisions of their charter. They shall not 
make the religious tenets of any person a condition of the admis- 
sion to any privilege or office in the University, nor shall any 
course of religious instruction be taught or allowed of a secta- 
rian character and tendency 

263. (Literary Honors and Degrees, S. 1359, R. S.) — 
They shall have the right of conferring under their ccttwnon seal, 
on any person whom they may think worthy thereof, all literary 
honors and degrees known and usually granted by any uni- 
versity or college in the United States or elsewhere. The degree 
of Bachelor of Law, and Doctor of Medicine, granted by them, 
shall authorize the person on whom it is conferred to practice 
law, physics and surgery in this State. 

264. (Department op Law, S. 1360, R. S.)— The Depart- 
ment of LaAv shall consist of three or more professors, who shall 
be required to give a full course of lectures on international, con- 
stitutional, maritime, commercial and miuiicipal or civil law, 
and instruction in the practice thereof. 

265. (Access oe the Medical Department to the Charity 
Hospital, S. 1370, R. S.)— The Medical Department of the Uni- 



126 

versity sTiall at all times have free access to the Charity Hospital 
of New Orleans, for the purpose of affording their students 
practical illustrations of the subjects they teach. 

265-a- (Scholarships to be Granted.) — In consideration of 
the vesting of the administration of the University of Louisiana 
in the said Administrators of the "Tulane Education Fund," of 
the transfer of the rights, powers, privileges, franchises and 
immunities of the said university to said administrators and of 
the exemption from all taxation as herein above provided, the 
said administrators hereby agree and bind themselves, with the 
revenues and income of the property heretofore given them by 
Paul Tulane, Esq., as well as from the revenues of all other 
property, real, personal, or mixed, hereafter to be held, owned or 
controlled by them, for the purposes of education, to develop, 
foster, and maintain, to the best of their ability and judgment, 
the University of Louisiana, hereafter to be known as '^ Tulane 
University of Louisiana, ' ' and upon the adoption of the constitu- 
tional amendment aforesaid, to perpetually use the powers con- 
ferred by this act, and all powers vested in them, for the pur- 
pose of creating and maintaining in the City of New Orleans a 
great university, devoted to the intellectual, moral and industrial 
education and advancement of the youth of this State, under the 
terms of the donation of Paul Tulane, and the previous provi- 
sions of this act. The said board further agree and bind them- 
selves to waive all legal claim upon the State of Louisiana for 
any appropriation, as provided in the Constitution of this State, 
in favor of the University of Louisiana. Besides the waiver of 
the claim, as aforesaid, as an additional consideration between 
the parties of this act, the said board agrees to give continuously, 
in the academic department, free tuition to one student from 
each senatorial and from each representative district or parish, 
to be nominated by its member in the General Assembly from 
among the bona fide citizens and residents of his district or 
parish, who shall comply with the requirements for admission 
established by said board. The meaning of this provision being 
that each member of the General Assembly, whether Senator or 
Representative, shall have the right of appointing one student, 
in accordance with the foregoing provisions. The free tuition 
herein provided for shall continue until each student has grad- 
uated from the academic department, unless his scholarship has 



127 



ceased from other cause. Whenever a scholarship becomes va- 
cant, from any cause, the Senator or Representative who ap- 
pointed the previous student, or his successor, shall, in the man- 
ner prescribed by this section, immediately name a successor. 

(Southern University, A. 87, '80; A. 90, '88. See Consti- 
tution '98.) 

266. (Establishment.) — There shall be established in the 
City of New Orleans a University for the education of persons 
of color, to be named and entitled the ' ' Southern University. ' ' 

267. (Faculty, Degrees, Departments, and Courses.) — 
There shall be established by said board of trustees a faculty of 
arts and letters, which shall be competent to instruct in every 
branch of a liberal education, and under rules of, and in concur- 
rence with, the board of trustees, to graduate students and grant 
all degrees appertaining to letters and arts known to universities 
and colleges in Europe and America, on persons competent and 
deserving the same. 

There may also be established by said board of trustees a 
department of law and medicine. The department of law shall 
consist of three (3) or more learned professors, learned and 
skilled in the practice of law in this State, who shall be required 
to give a full course of lectures on international, constitutional, 
commercial and municipal or civil law and instruction in the 
practice thereof. The medical department of the university shall 
consist of not less than three professors. They shall be appointed 
by the board of trustees from regular practicing physicians of 
the State. The degree of bachelor of law and doctor of medicine, 
granted by them, shall authorize the person upon whom it is 
conferred to practice physic and surgery in this State. 

(Louisiana State School for the Blind, A. 92, '71 ; A. 49, 
'88 ; A. 145, '98, amended by A. 238, '08 ; A. 166, '98 ; A. 
196, '02.) 

268. (Establishment op the Institution.) — There shall be 
established and maintained, in the town of Baton Rouge, an in- 
stitution for the education of the blind, to be known as the ''Lou- 
isiana State School for the Blind." 

269. (Objects of the Institution.) — They shall receive, in- 
struct and support in the Institution all persons blind, or of 



128 

such defective vision as not to be able to acquire an education 
in the ordinary schools, between the ages of seven and twenty- 
two years, of sound mind and proper health of body, and res- 
idents of the State. Such persons shall receive instructions and 
be provided with board, lodging, medicine, and medical attend- 
ance at the expense of the institution and if in such indigent 
circumstances as to render it necessary, shall also be furnished 
with clothing and traveling expenses to and from the Institution 
upon a certificate to that effect from the president of the police 
jury of the parish, or the mayor of the city or town, in which 
they reside. 

270. (How Long Pupils May Remain.) — -Persons admitted 
as pupils under fourteen years of age, may continue in the In- 
stitution ten years ; if over fourteen and under seventeen years 
of age. they may continue eight years ; and if over seventeen 
years of age, they may continue five years ; provided the board 
may in any case extend the term two years. 

(Louisiana State School for the Deaf, A. 88, 71; A. 166, 
'98, amended by Act 239, '08 ; A. 196, '02. See Constitution '98.) 

271. (Institution for the Exclusive Use of the Deaf and 
Dumb.) — The institution heretofore known as the Louisiana 
Institution for the Deaf and Dumb and the Blind, located at 
Baton Rouge, in this State, be and the same is hereby reorgan- 
ized by the provisions of this act for the exclusive benefit of the 
deaf and dumb. 

That there shall be established and maintained, in the town of 
Baton Rouge, an institution for the education of the deaf and 
dumb, to be known as the "Louisiana State School for the 
Deaf." 

272. (Admission of Pupils, A. 166, '98.)— They shall re- 
ceive, instruct and support in the institution all persons deaf and 
dumb, or of such defective speech or hearing as not to be able 
to acquire an education in the ordinary schools, between the 
ages of eight and twenty-two years, of sound mind and proper 
health of body, and residents of the State. Such persons shall 
receive instruction and be provided with board, lodging, medi- 
cine and medical attendance at the expense of the Institution, 
and if in such indigent circumstances as to render it necessary, 
shall also be furnished Avith clothing and traveling expenses to- 



129 



and from the InstitiiLion, upon a certificate to that effect from 
the president of the Police Jury of the parish, or the mayor of 
the city, or town, in which they reside. 

273. (Age op Admission.) — The persons admitted as pupils 
under fourteen years of age, may continue in the institution ten 
years; if over fourteen and under seventeen years of age, they 
may continue eight years; if over seventeen years of age, they 
may continue five years; provided, the board may in any case 
extend the term two years. 

274. (Branches Taught.) — The institution shall provide all 
the requisite facilities for acquiring a good literary education, 
instruction in hygiene and physical culture and an industrial 
department in which instruction shall be given in such trades 
as may be best suited to render the pupils self-sustaining cit- 
izens. 

275. (Gambling Prohibited Near Certain Schools, S. 1, 
A. 58, '08. — Be it enacted by the General Assembly of the State 
of Louisiana, That gambling with cards, dice and all manner of 
banking games or gambling in any form whatsoever for money 
or any representative of money within five (5) miles of the 
Harrisonburg High School, located in Catahoula parish, Lou- 
isiana, be and the same is hereby prohibited. 

Under Acts having the same purpose in view as the section 
above quoted, gambling has been prohibited near the following 
schools : 

Bernice 3 miles, Act 57, '04 

DeEidder 4 " 

Eros 5 " 

Farmerville 5 

Leesville ^ 5 ' ' 

Grand Cane. ., 3 " 

Hickory Grove 3 " 

Logansport 3 

Marion 3 " 

Haynesville 5 " 

Athens 5 

Homer . 5 

Harrisonburg 5 * * 



" 166, 


'04 


" 104, 


'06 


- 72, 


'06 


- 114, 


'06 


" 32, 


'06 


" 33, 


'06 


- 31, 


'06 


'' 102, 


'06 


" 33, 


'08 


" 34, 


'08 


'' 36, 


'08 


" 58, 


'08 



130 

Winnfield 5 miles, Act 123, '08 

Merryville ... 5 " " 218, '08 

Jena 5 " " 237, '08 

Hornbeek 5 " " 257, '08 

Mansfield 5 '' " 273, '08 

276. (Sales of Liquors Prohibited Near Certain Schools, 
S. 1, A. 121, '08.) — Be it enacted by the General Assembly of the 
State of Louisiana, That the sale, either wholesale or retail of spir- 
itous, vinous or intoxicating liquor except for medicinal mechan- 
ical scientific, or sacramental purposes, within five (5) miles of 
the Mansfield High School located at Mansfield, De Soto Par- 
ish, Louisiana, be, and the same is hereby prohibited. 

Under Acts having same purpose in view as section above 
quoted, the sale of liquors is prohibited near the following 
schools : 

Harrisonburg . 5 miles, Act 19, '98 

Gibsland 3 " " 58, '98 

Winnsboro 5 " " 71, '98 

Louisiana Industrial Institute 5 " " 74, '98 

Colfax 5 " " 140, '98 

Henry 1 /' " 141, '98 

Fort Jesup 5 " " 174, '98 

Amite City .'... 5 " " 102, '98 

Montgomery.. 5 " " 86, '98 

St. Amant 5 " " 205. '02 

Gonzales 5 " " 205, '02 

BienviUe 5 " " 157, , '02 

Hammond 4 " " 137, '02 

Junction City 5 " */ 228, '02 

Leesville 5 " " 207, '02 

Minden 5 " /V 219, '02 

Greensburg _ 5 " " 20, '02 

Pearlington 5 " " 142, '02 

Logtown 5, " " 142. '02 

Denham Springs 5 " " 62, '04 

Georgetown 5 " " 92, '04 

Berniee 3 " " 34, '04 

French Settlement , .^. ..... 4 " " 53, '04 

DeRidder ...,.....,..,,.,. 4 " " 160, '04 



131 



Kernan 4 miles, Act 13 

Farmerville 5 

Franklinton 5 

Gorman 5 

Kentwood 4 

Lottie 1^ 

Marion 3 

Plain Dealing 5 

Verda 5 

Many 5 

Benton. 5 

Ilaughton 5 

Mansfield 5 

Louisiana State Normal School 6 

Hornbeck 5 

Jonesville 1 

Eros 5 

Orange 5 



liles, I 


Let 13 


'04 




* 76 


'06 




* 111 


'06 




'* 153 


'06 




' 142, 


'06 




' 181 


'06 




' 89 


'06 




' 106 


'06 




' 127 


'06 




' 105 


'06 




' 46 


'08 




' 47 


'08 




* 121, 


'08 




* 193, 


'08 




' 256, 


'08 




' 259, 


'08 




' 290, 


'08 




' 302, 


'08 



SYLLABI OF IMPORTANT SCHOOL DECISIONS OF 
THE SUPREME COURT. 



277. (Certificates of Indebtedness.) — The board of direc- 
tors for the Public Schools of New Orleans have the control of 
school funds placed to their charge for the maintenance of the 
schools. It devolves upon this board to compel corporations to 
comply with their ordinances levying taxes for the schools, if 
they fail to comply with their obligation in this respect. 

The board of directors have authority to stand in judgment ; 
to institute or defend suits. The creditor of the school board 
has no right of action against the City of New Orleans to com- 
pel the city to recognize the validity of his claim. 

School certificates of indebtedness issued by the board of 
directors of the public schools for the years 1874, 1875 and 
1876, are not debts of the City of New Orleans, and actions for 
the purpose of having them recognized as valid claims can be 
maintained against the school board, as it is authorized to pass 
on the validity of the evidence of indebtedness of every one who 
alleges that he is a creditor. 

The City of New Orleans turns over amounts collected for 
schools to the treasurer of the school board. This officer notes 
the taxes of different years and applies the amount to the pay- 
ment of certificates from the taxes of these years from which the 
creditors are entitled to payment. (Fisher et al. vs. School 
Directors, 184, 44th Ann.) 

278. (Ex Contractu — Obligation.) — The obligation of the 
Treasurer of the School Board of Union parish to account for 
funds received by him, is ex contractu and fiduciary in its char- 
acter, and is only barred by the prescription of ten years. (32d 
Ann., 793, Board of School Directors of Union Parish vs. J. E. 
Trimble.) 

279. (Free School Bonds.) — The sale of bonds constitut- 
ing a part of the "free school fund," made in virtue of Act 
No. 81 of 1872, was utterly null and void, and conferred no title 



133 

on the purchaser, and no future assignee or the purchaser, who 
took the bonds in good faith, for value, and before their maturity, 
could acquire a title to them. 

Bonds that are a part of the assets of the ''free school fund" 
are consigned by law to the custody of the Secretary of State 
and Auditor of Public Accounts, and those officers have a right 
to claim their possession in whatever hands they may be found. 
And this right is not affected by the prescription of three years. 
(31st Ann., 115, Sun Mutual Insurance Company vs. Board of 
Liquidation, Secretary of State and Auditor, Intervenors.) 

280. (Eecoveky of Funds.) — ^Where a mistake has been made 
by the State Treasurer in announcing to the State Superintend- 
ent of Public Education the amount of funds for apportionment 
among the educable children of the State, but before the appor- 
tionment could be cancelled the school directors of Orleans had 
received their quota under it, when the true sum has been ascer- 
tained and announced to the superintendent, and a revised 
apportionment is to be made, it is proper that the superintendent 
should take into account, when apportioning to Orleans, the 
sum already improperly paid to her under the mistake, and 
which payment has been made in consequence of that mistake. 
(36th Ann., 214, The State ex rel. Board of School Directors, 
etc., vs. E. H. Fay, Sueprintendent, etc.) 

A school board organized according to law has a right to stand 
in court to claim from another school board likewise constituted, 
school funds which should have been paid to it by the State 
authorities and which were illegally paid out to the latter. A 
receipt therefor would exonerate the debtor board. 

If the funds are not in kind in the possession of said board, 
but can be traced to property in which they have been invested 
by such board, the property itself can be recovered in place of 
the funds which it represents. 

An action to recover under such circumstances is not barred 
by the prescription of five years or less. (36th Ann., 806, School 
Board vs. School Board. 

281. (Sale of Warrants.) — Under the authority of the 
Board of School Directors of a parish, the treasurer of the board 
may make a valid sale of the warrants of the State which repre- 
sent that portion of the interest on the free school fund due to 



134 

said parish. (31st Ann., 158, Board of School Directors of Con- 
cordia Parish vs. Hernandez.) 

(School Land, Tender, Etc.) — The residents and alleged 
tax payers in a township in whom is vested the title of the 
sixteenth section for the maintenance of the schools, have the 
right to invoke an interposition of the court to annul the sale of 
this section. 

Tender as a prerequisite to the suit cannot be required. The 
price was not received by the plaintiffs. No title passed to the 
adjudicatee of the property. 

The amount should be returned by the authority by which it 
was received. In the meantime plaintiffs can prosecute their suit 
to have the sale annulled. 

The general government donated the sixteenth sections to the 
townships and authorized their sale, with the consent of the 
inhabitants residing within their respective limits. The legis- 
lative department of the State in compliance with the conditions 
of the grant, adopted laws requiring elections to be held to ascer- 
tain the will of the majority of their voters residing within the 
townships and providing certain prerequisites for the sale. An 
election not having been held in the township, the return of the 
election not being sustained at all, the adjudication made was 
null. 

The sixteenth section offered for sale should bring its appraised 
value, which may not be less than $1.25 per acre. (44th Ann., 
365, Telle et al. vs. School Board et al.) 

"The minimiun price of school lands is one dollar and a 
quarter per acre." (School Directors vs. Coleman, 14th Ann., 
186.) 

282. (Suretyships.) — Where the sureties on a five-thousand- 
dollars bond are jointly sued for an amount aggregating two 
thousand dollars, this court will have jurisdiction, although the 
demand against each surety is less than $500. Ann. ,279, State 
ex rel. School Board, Parish of St. Tammany vs. Cousin et al.) 

Where the plaintiff who sues the sureties on an official bond 
alleges the hopeless insolvency of the principal, the sureties will 
not deprive themselves of the right of discussion, to which they 
are entitled under the law, by pleading an exception that admits 
the truth of the averment of insolvency. — Ih. : 



135 

When the principal and sureties on an official bond are sued 
together, the judgment is res adjudicata as to the sureties, and 
within the limits of the amount for which they are held under 
the terms of their bond, they are bound to make good the entire 
judgment against the principal, including the penalty, (4th 
Ann., 705, Eastin & Breaux, vs. Board of School Directors.) 

283. (Treasurer and Sureties.) — "Principal and sureties 
are not protected by urging tliat the treasurer has not taken the 
oath of office. It is presumed that he has taken the oath when 
lie has discharged for some time the functions of his office. ' ' 

' ' The sureties by signing the bond admitted the capacity of the 
principal. ' ' 

* * The rights of the sureties as against their principal not hav- 
ing been impaired, they cannot complain of his acts, his omission 
or commission." (School Directors vs. Judice and others, 30th 
Ann., 897.) 

"The parish treasurer having defaulted, judgment is obtained 
against him, and the court holds as against his sureties that the 
judgment against the principal is res adjudicata, as to the sure- 
ties, and within the limit of the amount for which they signed 
and obligated themselves as sureties. They are bound to make 
good the entire judgment against the principal, includins the 
penalty. 

"The sureties are liable for the five per cent per month pen- 
alty imposed upon a defaulting treasurer." (7th Ann., 131; 
10th Ann., 492; 14th Ann., 679; Hazard Eastin et al. vs. School 
Directors, 40th Ann., 706.) 

284. (Suits by State Superintendent.) — "He has no au- 
thority to appear in person, nor to be represented by counsel of 
his own selection. In any suit in which he may be a party, he 
must be represented by the Attorney General or District Attor- 
ney." (Fay vs. Burke, Treasurer, 35th Ann., 369.) 

285. (Discipline.) — Moderate restraint and correction of a 
pupil by a teacher is not an offense, but is authorized by law, 
and the authority of the teacher is not limited to the time the 
pupil is at the school room or under the actual control of the 
teacher. (Bolding vs. Texas, 4 S. W., 579.) 

"The teacher is loco parentis, and authority is necessarily sur- 
rendered to him for proper government of the school. " (Morrow 
vs. Wood, American Law Register, N. S. X. 3. 692.) 



136 

Relative to punishment, the cahn and honest judgment of the 
teacher, as to the requirement, should have great weight in mat- 
ters of discipline as in the case of a parent under similar circum- 
stances. (American Law Register, Van Vacter vs. State; July- 
number, 1888. Discipline in School.) 

It is the duty of a teacher to maintain proper discipline in 
school, and the extent of his authority in that direction is dis- 
cussed. (Law Register, N. S. Vol. XIII, p. 716.) 

286. (Branches of Studies.) — Certain studies are required 
to be taught in the public schools by statute. The rights of one 
pupil must be so exercised undoubtedly as not to prejudice the 
equal rights of others. (Murrow vs. Wood, 13 American Law 
Register, p. 694. 

Note. — The State Board has adopted certain studies to be taught in 
the free public schools. The local boards have the authority of carry- 
ing out the rules and regulations of the State Board. The studies are 
subject to their control, also all questions relating to grading the 
schools, and to the schools the pupils should attend when there are 
several schools in the same town or locality. In this, however, due 
regard should be had for the wishes of the parents, but the parish 
board is the authority subject to such appeal as the law provides. 

287. (School Property Exempt prom Seizure.) — Property 
dedicated to the use, and belonging to public schools, or employed 
by municipal corporations for the purpose, shall be exempt from 
seizure. (R. S. 1320.) 

288. ^ (Sixteenth Sections, and Court Decisions Respect- 
ing Them.) — Under the general laws, and where the township i? 
surveyed in square sections, every sixteenth section is reserved 
as school land, in fractional or irregular townships on water 
courses, the Secretary of the Treasury is required by law to select 
and designate the school lands. (Board vs. Rollins, 33 Ann., 
424; Bres vs. Louviere, 37 Ann.; 736.) 

By issuing an indemnity school warrant the State parts with 
what title in the public domain it could by locatioii have secured. 
The divestiture is complete when the location is approved, and on 
return and surrender the Governor issues a patent. 

Note. — Whenever the township is not surveyed in square sections, 
but Is a fractional or irregular township on a water course or for other 
cause is fractional or irregular, the school authorities should see that 
the selection is legal, or that proper selection and location are made. 



137 

289. (One of the Powers op the School Committee.) — 
Committees have a right to refuse to examine a teacher as to 
literary qualifications if they are dissatisfied with his moral char- 
acter. (Case of Layton E. Seames School Committee of Con- 
ventry.) 

290. (Privileged Communications.) — A communication rep- 
resenting that a certain person was of bad moral character and 
wholly unfit to teach and have the care of a school made to the 
proper authority for the sole purpose of preventing the issue to 
the person so charged of a license to teach school is held to be a 
privileged communication and not actionable. (Wiman vs. Ma- 
bee, 45 Michigan, 484.) 

An action will not lie on a communication relating to personal 
■character, if made in good faith and for an honest purpose by 
persons concerned and to the proper person. 

Nor will it lie when such a communication is untrue, if it is not 
maliciously made. 

291. (An Excerpt from Blackstone.) — The last duty of 
parents to their children is that of giving them an education, 
•suitable to their situation in life ; a duty pointed out by reason 
of the greatest importance. 

"F'or as Puffendorf well observed, it is not easy to imagine or 
allow that a parent has conferred any considerable benefit upon 
his child in bringing him into the world, if he afterwards entirely 
neglects to culture his education, and suffers him to grow up like 
a mere beast to lead a life useless to others and shameless to him- 
self." 

' ' Yet the municipal laws of most countries seem to be defective 
on this point, by not constraining the parent to bestow a proper 
education upon his children." 

"Perhaps they thought it punishment enough to leave the par- 
ent, who neglected the instruction of his family, to labor under 
those griefs and inconveniences which his family so uninstrueted 
will be sure to bring upon him. ' ' 

292. (Discharge of an Officer.)— "To obtain his discharge, 
an officer should obtain a clear receipt from the board of school 
directors, in so far as he has incurred any responsibility as an 
officer in which the said board is concerned." (33d Ann., 709; 
State ex rel. vs. Sheriff.) 



138 



293. (Ratp: op Compensation to Teachers.) — The compen- 
sation of teachers not being fixed by statute, they must be paid 
either according to their contract with the School Board or upon 
a quantum meruit. (Offut vs. Bourgeois, 13th Ann., 607.) 

294. (Illegal. Charges.) — "The School Board cannot allow 
charges in violation of the law. Their action is ultra, and is not 
susceptible of ratification. Settlement made is not conclusive." 
(School Board vs. Trimble, 32d Ann., 1073. 

295. (Rules and Regulations.) — "The various School 
Boards and other educational authorities of the State have, when 
the statutes are construed in connection with the incidental 
powers, which the law gives all corporations, the power to adopt 
rules and regulations for the schools under their control. " (Fer- 
telle vs. Mischerer, 11 N. E., 605 — Indiana.) 

296. (Police Jury Tax for School Purposes.) — "Act 64, 
of 1906, in limiting taxation, 'for ordinary parochial purposes' 
to eight mills, has no application to taxes levied for school pur- 
poses, and a police jury may levy taxes, for ordinary parochial 
purposes, up to the limit so fixed, provided the aggregate rate, 
including the tax levied for school purposes does not exceed the 
ten mills limit, 'for all purposes, whatsoever,' fixed by article 232 
of the Constitution." (John B. Murphy et al. vs. The Police 
Jury, St. Mary Parish, Louisiana.) 



297. (Approved 

Alexandria 

Arcadia 

Bastrop 

Baton Rouge 

Benton 

Bernice 

Bunkie 

Calhoun 

Cheneyville 

Columbia 

Goushatta 

Colfax 

Dodson 

Donaldsonville 



High Schools.) — ■ 
Gilead 
Grand Cane 
Grand Prairie 
Hammond 
Harrisonburg 
Haughton 
Jeanerette 
Jena 
Jennings 
Jonesboro 
Lake Charles 
Lake Providence 
Lecompte 
Mansfield 



Napoleonville 

Newellton 

New Iberia 

Norwood 

Oak Ridge 

Opelousas 

Patterson 

Plain Dealing 

Shreveport 

Slaughter 

St. Francisville 

Vidalia 

Ville Platte 

Washington 



139 

Eros Monroe Winnfield 

Evergreen Marksville Winnsboro 

Fort Jesup Marthaville White Castle 

Franklin Mer Rouge 

Gibsland Minden 

298. (Establishment of High Schools.) — 

Note. — For a school to be recognized as a High School the following 
requirements are necessary: (See paragraph of the Resolutions ot 
State Board.) 

1. Title to the property on which the school is located must 
be vested in the Parish Board of Education, 

2. The Parish Board of Education must pass a resolution 
establishing such school as a High School. 

3. All the schools in the parish where the High School is 
desired to be established must run for seven months. 

4. The course of study must, taken with the lower grades, 
cover eleven years. 

5. Copy of the title to the property, copy of the resolution 
passed by the Parish Board, certificate that the schools of the 
parish are run for seven months, and copy of resolution of 
Parish Board to the State Board of Education asking that such 
school be made a High School, together with the course of study, 
must be forwarded to the State Board of Education for their 
consideration and approval or disapproval. 

298-a- (Approved High Schools, Sept. 11, '08.) — 

1. Resolved: That an "Approved High School" shall follow 
the State Course of Study. 

2. Resolved: That the minimum length of session for such 
school shall be nine months. 

3. Resolved: That the minimum length of recitation periods 
for high school subjects shall be forty minutes. 

4. Resolved: That the teaching force shall be adequate, and 
shall in every case consist of at least two teachers, each of whom 
shall be engaged exclusively in work above the seventh grade. 

5. Resolved : That the principal of such school shall devote at 
least two recitation periods a day to supervision. 

6. Resolved: That the industrial sciences, physics, chemistry, 
and biology shall be taught by the individual laboratory method, 
the apparatus to cost not less than $300 : $150 for physics ; $75 



140 

for cheirdstry; $75 for biology. All apparatus shall be kept in 
suitable cases. 

7. Resolved : That lists of such apparatus purchased shall be 
submitted to the State Board of Education for approval. 

8. Resolved : That the following: lists of apparatus are hereby 
recommended, copies of same to be sent by the State Department 
of Education to each "Approved High School" and to other 
schools in the State applying for State recognition as high 
schools. These lists are merely suggestive. 

9. Resolved: That at least thirty experiments shall be per- 
formed in each of the industrial sciences by each individual, 
written out in ink according to the form: (1) Object; (2) 
Method and Description, including drawings of apparatus used; 
(3) Results of Observation: (4) Conclusion and incorporated 
into a permanent note book to be submitted to the State Board 
of Education for approval. 

10. Resolved : That the sum of $500 shall be apportioned to 
each "Approved High School" submitting to a committee com- 
posed of the Governor, the State Superintendent, and the State 
High School Visitor, before December 1st, 1908. sufficient data 
showing that the foregoing regulations are being complied with. 

11. Resolved : That schools not now on the list of "Approved 
Schools" but which shall submit data as above provided for 
before December 1st, 1908, through the proper officials, showing 
tliat they are complying wath all the foregoing requirements, and 
that they have complied with all the laws governing the establish- 
ment of high schools, shall each be entitled to $500 as soon as 
placed upon the list of "Approved High Schools" by the State 
Board of Education. 

RESOLUTIONS AND RULINGS BY THE STATE BOARD 
OF EDUCATION. 

299. (Compulsory Examinations.) — Resolved: That w'hile 
it is the sense of this board that the provisions contained in Sec- 
tion 57 of Act 214 of 1902, are still in force, that none the less 
the parish superintendent has the right of requiring te-ichers 
whom he deems incompetent and inefficient and whom he has 



141 

the power to remove under the 50th section of said Act, to be 
examined with a view of testing their qualifications and fitness. 
(April 1, 1891.) 

300. (EXAMINATIONS; TiME ; DIRECTIONS, Etc.) — Be it re- 
solved : (a) That the examination for public school teachers' 
certificates shall be held during the months of June and Decem- 
ber of each year, and at no other time during the year. (August 
11, 1904.) 

(b) That the State Superintendent of Public Education pre- 
pare a set of questions covering all the subjects required by law, 
and furnish to the superintendent of each parish, a sufficient 
number of copies of these official question lists for use in the 
examinations, and that no other questions shall be used in said 
examinations; said questions to be sent out from the superin- 
tendent's office so as to reach the several parishes simultaneously, 
and to be used only once, tod only on the dates named above. 

(c) That the value of each question be indicated by the State 
Superintendent, and that a list of answers showing what would 
be a fair amount of information to be elicited by each question, 
be prepared by the superintendent and furnished to examining 
board of each parish board, for the purpose of establishing a 
uniform value to the certificates granted in each parish. 

(d) That the same question lists be used in examinations of 
teachers for all grades of certificates, the several grades of certifi- 
cates being graded according to the percentages made by the 
candidates. 

(e) That the superintendent of each parish furnish to the 
State Superintendent within two weeks after each examination, 
a list of all persons examined, with their postoffice addresses, 
the grade received and the grade of certificate granted to each 
candidate. (See law relation to remittances of $1.) 

N. B. — Examiners will please mark each answer on the scale 
of 10 for perfect. (August 20, 1892.) 

301. (High Schools.) — Resolved: That the State Board of 
Education call the attention of the parish boards to the necessity 
of establishing high schools wherever the grade of students jus- 
tifies it, as the State Board of Education believes that the estab- 
lishment of a number of high schools in the State will contribute 
powerfully to build up both the public school system and col- 
leges and universities. (August 19, 1892.) 



142 

302. (Collection OF Poll Tax.) — Resolved: That tlie State 
Board urge the parish school boards to insist upon a full and 
complete collection of the poll tax, and upon failure of the sher- 
iffs to report as the law directs that suits be instituted against the 
tax collector for entire amount of the roll as the law directs in 
Sections 2 and 3 of Act 89, approved July 2, 1888. (August 19, 
1892.) 

303. (Normal and Other Graduates.) — Resolved: That the 
several parish boards, committees on teachers, and parish super- 
intendents throughout the State are urged to use their best en- 
deavors to secure the services of competent teachers; that many 
graduates of our State Normal School and of other colleges en- 
titled to a preference in the employment of teachers, desire posi- 
tions in our schools, many of whom have applied to our State 
Superintendent for employment, who will furnish their names 
and addresses on application, and we urge the local authorities 
to secure the services of such teachers as the best means of ad- 
vancing the educational interest of the children of the State. 
(August 19, 1892.) 

304. (Penalty for Not Recognizing Normal Graduates.) — 
Resolved: That the State Superintendent of Public Education 
be and is hereby ordered and directed to report to the Governor 
any school board or members of school boards who fail to give 
preference to graduates of the State Normal School or other 
schools and colleges of good standing as directed by resolution of 
this board passed August 19, 1892, or who fail to remove their 
parish superintendents who are inefficient, unfaithful or negli- 
gent in the discharge of their duties, and the Governor is hereby 
requested to remove such boards or members, subject to the 
ratification of this board as approved by Section 2 of Act 29, of 
1892. (October 19, 1892.) 

305. (Neglect of Duty to be Reported.) — Resolved: That 
it is necessary, that the parish school boards and the parish 
school superintendents shall rigidly adhere to the laws governing 
the public schools, and where any neglect or violation of laws by 
any parish superintendent, or any of provisions of such public 
school laws, shall come to the knowledge of the State Superin- 
tendent of Public Education, he shall at once report the facts 
to the Governor of the State, with the request that he remove 



148 

such delinquent under the provisions of Section 2 of Act 29 of 
1892, amending and re-enacting Section 8 of Act 81 of 1888. 
(October 19, 1894.) 

306. (Uniformity op Text-Books.) — Whereas, the law pro- 
vides under Section 3, of Act 81 of 1888, that a uniform series 
of text-books shall be used in the public schools, and 

Whereas, this requirement has the merit of system and is in 
line with strict economy, and its wisdom has been thoroughly 
established by exeprience, therefore 

Be it resolved: That it shall be the duty of the superintend- 
ents in the several parishes to see that this rule is faithfully en- 
forced and that the text-books adopted or recommended by this 
board, and none others, are used in the public schools through- 
out the State. 

Resolved further : That a breach of the law requiring the use 
of uniform text-books as above stated, after notice by the parish 
superintendent, shall be deemed sufficient grounds for the sum- 
mary dismissal of any teacher in the public schools. June 29, 
1897.) 

307. (Regulating the Price op School Books.) — ^Whereas, 
complaint has been made that some of the local dealers in school 
books in the country have been charging more than the contract 
price for text-books selected for use in the public schools, there- 
fore 

Be it resolved : That it shall be the duty of the parish super- 
intendents in the several parishes to post in a conspicuous place 
in the school rooms printed schedules of prices at which it has 
been agreed to furnish the books, and the patrons of the schools 
shall be notified by him that they can obtain from the pub- 
lishers through the parish superintendents, for cash, at these 
prices, in case any additional charges are made by local dealers. 

Resolved further: That the State Superintendent of Public 
Education shall forward to the parish superintendents these 
printed price lists. (October 19, 1894.) 

308. (Superintendents Enforce Use op Text-Books) — 
Resolved: That it shall be the duty of the parish superintend- 
ents in the several parishes to see that the laws and resolutions 
relative to the State adoption of text-books are faithfully en- 



forced, and that the text-books adopted or recommended by the 
State Board of Education, and no others, are used in the public 
schools throughout the State. (March 20, 1905.) 

308-a- (Regulating Sale op School Books.) — Be it re- 
solved : That the Depositories appointed by this board are pro- 
hibited from in any way invalidating by their actions the con- 
tracts entered into by the board and the several publishing 
houses. (October 19, 1894.) 

309. (MIembers of School Boards Not to Teach in Their 
Parish.) — Be it resolved: That it is the sense of this board 
that persons engaged in teaching in the parish public or private 
schools of Louisiana shall not be selected or appointed to mem- 
bership on the parish school board of the parish in which they 
are engaged in teaching; and, be it further resolved, that a mem- 
ber of a parish school board now teaching, or accepting the ap- 
pointment as teacher, in the said parish public or private schools 
of Louisiana, shall resign his position as a member of the parish 
school board of the parish in which he has accepted an appoint- 
ment as teacher as aforesaid. (August 11, 1904.) 

310. (Qualifications of the Parish Superintendent.) — 
Be it resolved: That the attention of parish school boards is 
directed to Section 8, Act 167 of 1904, wherein the qualifications 
of parish superintendents are stated, to-wit : ' ' He shall be a 
person of high moral character, and a practical educator." 
Boards shall strictly conform to the purpose and intent of these 
qualiiications to the end that the best practical school supervi- 
sion, as well as the services of a competent secretary of the board^ 
may be guaranteed in the person of parish school superintendent. 
(August 11, 1904.) 

311. (Apportionment of Funds for High School.) — Be- 
it resolved: That high schools established, or hereafter to be 
established, shall not receive more of the school funds than any 
scliool of other grade. The law providing an equal distribution 
per capita to all schools. (May L5, 1901.) 

312. (Parish Superintendents Not to Engage in Teach- 
ing.) — Be it resolved: That no parish school superintendent 
shall engage in teaching in any of the parish public schools under 
his supervision during his term of office as superintendent. This 
resolution is not to be construed so as to prevent a parisk 



145 

superintendent from being the supervising principal of any of 
his parish high schools. (August 11, 1904.) 

313. (Parish Treasurer's Quarterly Reports.) — ^Be it re- 
solved : That the parish school treasurers are directed to make 
to the State Superintendent and the parish school boards, quar- 
terly reports of the receipts and disbursements of school moneys, 
with balances on hand at the end of each quarter ; also annual 
reports in the same manner at the end of each calendar year. 
(August 14, 1900.) 

314. (Declaration op Independence.) — Be it resolved: 
That a committtee be appointed for the purpose of having 
printed in some suitable and durable form the Declaration of 
Independence, to be suspended from the walls of every public 
school upon the 22d day of February, annually, throughout the 
State; and for this occasion a program of addresses and patri- 
otic songs shall be arranged and carried out by the principals 
or teachers in charge of the schools. (July 25, 1901.) 

315. (State Teachers' Association.) — Be it resolved: That 
the State Board of Education regards the State Teachers' Asso- 
ciation as a valuable means of imprbvement of the public school 
teachers of the State and regrets to learn that only a small per 
cent of our corps are on the rolls; therefore, the State Board 
advises the parish superintendents to use their efforts to secure 
a large attendance of teachers at the annual meeting of the State 
Teachers' Association, as well as the monthly meetings of their 
parish teachers' association. (August 15, 1903.) 

316. (Establishment of High Schools.) — Be it resolved r 
That it is declared to be the policy of the State Board of Educa- 
tion that hereafter no high school be authorized or established 
in any parish until it is shown that the common schools of said 
parish have been kept open for not less than seven months in 
the year. (August 15, 1903.) 

317. (High School Diplomas. ) —Be it resolved: That the 
State Superintendent of Public Education be authorized to pre- 
pare a form of diploma for high schools to be signed by the 
State Superintendent, parish superintendent, and principal of 
the school from which it is issued, said diplomas to be granted 
graduates of high schools of the State. (August 15, 1903.) 



146 

318. (Special School Tax.) — Be it resolved: That this 
board hereby testifies its high appreciation of the philanthropy 
and patriotism of those inhabitants of the State who have availed 
themselves of the invitation of the State Constitution of 1891 
by uniting in special school districts and voluntarily taxing 
themselves for the support and improvement of the public schools 
in their localities; and this board further urges all the citizens 
of the State to imitate the noble example thus furnished. (Au- 
gust 15. 1903.) 

319. (Summer School Credits.) — Resolved: That the State 
Superintendent of Education is hereby empowered to extend 
valid teachers' certificates of all teachers (they applying to 
him) hereafter attending the State Summer Schools, and doing 
satisfactory work therein, as follows: 

320. (a) Prospective teachers who at the time of attending 
the State's summer normal schools for Beginners in Teaching, 
and not holding a valid teacher's certificate of any grade, and 
who shall attend the State's summer normal schools for Begin- 
ners in Teaching for forty days or more, shall be allowed a credit 
of ten per cent (10%) on taking an examination for a third 
grade teacher's certificate, and ten per cent (10%) on taking an 
examination for a second grade teacher's certificate, provided, 
that said examinations are taken within one year from the date 
of attendance upon said summer normal schools. 

321. (b) Teachers who at the time of attending the State's 
summer normal schools hold valid second grade teachers' cer- 
tificates and who shall attend the State's summer normal schools 
for a term of twenty days or more, shall have his or her certifi- 
cate extended for a term of six months. 

322. (c) Teachers who at the time of attending the State's 
summer normal schools hold valid second or third grade teachers ' 
certificates, and who shall attend the State's summer normal 
schools for a term of twenty days or more, shall be allowed a 
credit of ten per cent (10%) on taking examination for second 
grade teachers' certificates, and ten per cent (10%) on taking 
examination for first grade teacher's certificate; provided, that 
said examinations are taken within one year from date of attend- 
ance upon said summer normal schools. 



147 

323. (d) Teachers who at the time of attending the State's 
summer normal schools hold first grade teachers' certificates, and 
who shall attend the State's summer normal schools for a term 
of thirty days or more, shall have his or her certificate extended 
for a term of one year. 

324. (e) Teachers who at the time of attending the State's 
summer normal schools hold valid first grade teachers' certifi- 
cates about to expire, and who shall attend the State's summer 
normal schools for a term of thirty days or more, shall be 
allowed a credit of ten per cent (10%) on taking examination 
for a first grade teacher's certificate; provided, that said exam- 
inations are taken within one year from date of attendance upon 
said summer normal schools. 

324-a- Resolved: That the State Superintendent of Public 
Education is hereby empowered to extend valid teachers' certifi- 
cates of all teachers applying to him hereafter, who shall have 
done satisfactory work at the State Summer Normal Schools 
during a period of twenty days or more, and who shall have at- 
tended the One- Week State Teachers' Institutes and at least 
seven meetings of the Parish Teachers' Association during the 
session just preceding the Summer School, and shall pass a 
satisfactory examination prepared by the Department of Edu- 
cation on the subject matter contained in the Reading Course. 
The certificate shall be extended as follows: 

(a) Teachers who at the time of attending the State's Summer 
Normal Schools hold valid second grade teachers' certificates, 
and who have done the Institute and Parish Teachers' Associa- 
tion work as described above, shall have his or her certificates ex- 
tended for a term of nine months. 

(b) Teachers who at the time of attending the State Summer 
Normal Schools hold valid first, second, or third grade teachers' 
certificates, and who shall have done satisfactory work as de- 
Bcribed above, shall be allowed a credit of fifteen (15) per cent 
on the general average, when taking examinations for second or 
first grade certificates ; provided the said examinations are taken 
within one year from the date of attendance upon the said Sum- 
mer School. 

325. (Inheritance Tax.)— Resolved: That the State Super- 
intendent of Public Education be directed to call the attention 



148 

of the several district attorneys throughout the State to the 
provisions of Act 45 of 1904, and request that the same be 
strictly enforced by them. 

Resolved, further, That they be specially requested to coUect 
all such amounts as may have become due under that Act and 
which have not yet been collected. (March 24, 1905.) 

326. (Paeish Treasurer's Record With Sheriff.) — Re- 
solved: That the several parish school boards shall be directed 
to procure a suitable book in which the parish treasurer shall 
keep an account with the sheriff of his parish, charging him with 
all fees and forfeits as shown by the minutes of the court, and 
from which he shall make his settlements from time to time, 
crediting the said sheriff with such fines as are uncoUectable. 
(January 9, 1905.) 

327. (Arbor Day Established.) — Be it resolved: That the 
State Board of Education hereby designates the second Friday 
in January as Arbor Day, a day on which those in charge of 
the public schools and institutions of learning under State con- 
trol, or State patronage, shall, for at least two hours, give infor- 
mation to the pupils and students concerning the value and 
interest of forestry, the duty of pupils to protect the song-birds, 
and to encourage and assist in the planting of forest trees. 

Be it further resolved : That the State Superintendent of 
Public Education is hereby directed to prescribe from time to 
time, a program of exercises and instruction in the subjects 
hereinbefore mentioned, which shall be adopted and observed by 
the public school authorities on Arbor Day, said program to be 
issued to the parish superintendents, and upon receipt of copies 
of such program, sufficient in number to supply all the schools 
under their supervision, the superintendents aforesaid shall 
promptly provide each of the schools under their charge with 
a copy, and cause same to be observed. (November 24, 1905.) 

328. (Superintendent's License.) — Resolutions adopted by 
the State Board of Education at a regular meeting held in Baton 
Rouge, on July 20, 1908, concerning applicants for parish super- 
intendencies, under Act 49 of 1908 : 

Resolved, That any person who is now holding the position of 
parish superintendent, by virtue of this fact shall be entitled to 



149 

a certificate of eligibility, and that said certificate shall issue 
without further examination, upon proper application. 

Resolved, That any applicant for a certificate of eligibility to 
the office of parish superintendent shall report at the office of 
State Superintendent of Education at Baton Rouge, at 9 o'clock 
a. m., on August 29, 1908, and take the examination hereinafter 
provided. 

Resolved, That if any applicant for certificate of eligibility 
prefer to do so, he may appear for examination before the parish 
superintendent and the examining committee of the parish, at the 
parish seat of any parish on August 29, 1908, at 9 a. m., and the 
parish superintendent shall open the sealed questions furnished 
by the State Board of Education in the presence of at least 
one other member of the examining committee and all the ap- 
plicants. The examination shall be then held, and, immediately 
thereafter, the questions and answers sealed shall be forwarded 
to the Secretary of the State Board of Education at Baton 
E/Ouge. 

Resolved, That the applicants shall be examined on the follow- 
ing subjects: School Supervision, School Administration, and 
the Theory and Art of Teaching. 

Resolved, That all persons applying for a certificate of eligi- 
bility must comply with the provisions and qualifications as set 
forth in Act No. 49 of 1908. 

Resolved, That a committee of five be appointed by the Pres- 
ident of the State Board of Education, whose duty it shall be to 
prepare all questions as above provided, to examine all appli- 
cants, and answer papers returned from the parishes, and report 
to this Board at a meeting to be held on September 11, 1908. 
Following is the committee appointed by the President of the 
Board: State Superintendent J. B. Aswell, State Institute 
Conductor L. J. AUeman, President T. D. Boyd, Col. J. W. 
Nicholson and Prof. J. W. Heckert. 

Resolved, That in the opinion of this Board, parish superin- 
tendents to be efficient under Act No. 49 of 1908, should devote 
their entire time to the schools of their respective parishes. 
July 20, 1908.) 



IE N 'II 



COMPIL ATIOISr 



OF THE 



LAWS OF LOUISIASf A 



RELATING TO THE 



Public Schools, 



EMBRACING ALL LAW5 NOW IN FORCE 



FOR THE 



I Proper Management and Government 
of the Public Schools, 



ALSO 



RULES AND REQULATIONS ADOPTED BY THE 
STATE BOARD OF EDUCATION, 



SIXTH COMPILATION. 
T. H. Harris, State Superintendent of Public Education. 



Baton Rouge, La: 

Daily State-Times Print. 

1»08. 



h 



